SRI. B. A. NAGARAJU vs SRI. V. SEENAPPA @ SREENIVAS

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HC-KAR
NC: 2026:KHC:56857
MFA No. 7674 of 2022


CNR: KAHC010518262022








IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 7 DAY OF OCTOBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

MISCELLANEOUS FIRST APPEAL NO. 7674 OF 2022 (CPC)

BETWEEN:

1.
SRI. B. A. NAGARAJU
SON OF LATE V. ANJANAPPA,
AGED ABOUT 72 YEARS,
RESIDING AT SRI MARUTHINILAYA,
BEHIND BALAJI AUTOMOBILES,
B.B. ROAD,
DEVANAHALLI TOWN,
BENGALURU RURAL DISTRICT,
PIN CODE-562 110.
2.
SRI. B. A. VENUGOPAL
SON OF LATE V. ANJANAPPA,
AGED ABOUT 61 YEARS,
RESIDING AT MAIN ROAD,
B.B. ROAD,
DEVANAHALLI TOWN,
BENGALURU RURAL DISTRICT,
PIN CODE-562 110.
3. SRI. B. A. AMARANATH
SON OF LATE V. ANJANAPPA,
AGED ABOUT 59 YEARS,
RESIDING AT MARALAUBAGILU,
DEVANAHALLI TOWN,
BENGALURU RURAL DISTRICT,
PIN CODE-562 110.










Digitally

signed by
VINUTHA M
Location:
HIGH
COURT OF
KARNATAKA

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NC: 2026:KHC:56857
MFA No. 7674 of 2022


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4. SRI. B. A. MURALIDHAR
SON OF LATE V. ANJANAPPA,
AGED ABOUT 55 YEARS,
RESIDING AT MARALAUBAGILU,
DEVANAHALLI TOWN,
BENGALURU RURAL DISTRICT,
PIN CODE-562 110.

…APPELLANTS
(BY SRI. C SHANKAR REDDY.,ADVOCATE)
AND:
1. SRI. V. SEENAPPA @ SREENIVAS
SON OF VENKATARAYAPPA,
AGED ABOUT 63 YEARS,

2. KUMARI HEMAVATHI
AGED ABOUT 32 YEARS,
DAUGHTER OF SRI. V. SEENAPPA @ SREENIVAS,

3. SRI. PRADEEP
AGED ABOUT 30 YEARS,
SON OF SRI. V. SEENAPPA @ SREENIVAS,
4. SRI. KUMAR
AGED ABOUT 26 YEARS,
SON OF SRI. V. SEENAPPA @ SREENIVAS,
5. SRI. V. NARAYANASWAMY
AGED ABOUT 61 YEARS,
SON OF SRI. VENKATARAYAPPA,
6. SRI. SAGAR
AGED ABOUT 24 YEARS,
SON OF SRI. V. NARAYANASWAMY,
7. KUMARI LIKITHA
AGED ABOUT 22 YEARS,

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HC-KAR
NC: 2026:KHC:56857
MFA No. 7674 of 2022


CNR: KAHC010518262022



8. SRI. V. GOPAL
SON OF VENKATARAYAPPA,
AGED ABOUT 40 YEARS,

9. MASTER VAMSHI KRISHNA
SON OF SRI. V. GOPAL,
AGED ABOUT 16 YEARS,

10. SRI. V. VASU
SON OF VENKATARAYAPPA,
AGED ABOUT 48 YEARS,

11. SRI. SHASHIKUMAR
AGED ABOUT 21 YEARS,
SON OF SRI. V. VASU,

12. SMT. V. NAGAVENI
AGED ABOUT 43 YEARS,
D/OF SRI VENKATARAYAPPA,

13. SRI. V. MANJUNATHA
SON OF VENKATARAYAPPA,
AGED ABOUT 41 YEARS,
RESPONDENTS 1 TO 13 ARE
RESIDING AT MARALUBAGILU,
DEVANAHALLI TOWN,
BENGALURU RURAL DISTRICT-562 110.

14. SMT. VIJAYALAKSHMI
WIFE OF SRI. V. GOPAL,
AGED ABOUT 41 YEARS,
R/OF NEAR NARASIMHASWAMY TEMPLE,
MARALUBAGILU,
DEVANAHALLI TOWN,
BENGALURU RURAL DISTRICT-562 110.

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NC: 2026:KHC:56857
MFA No. 7674 of 2022


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15. SRI. P. RAVIKUMAR
SON OF SRI. PAPANNA,
AGED ABOUT 55 YEARS,
RESIDING AT MARALUBAGILU,
PARVATHAPURA ROAD,
WARD NO.11,
DEVANAHALLI TOWN-562 110.

16. SRI. P. NARASAIAH
AGED ABOUT 61 YEARS,
SON OF LATE ANJINAPPA,
RESIDING AT NO.23/4,
UGRANARASIMHASWAMY TEMPLE,
16TH CROSS,
MALLESHWARAM,
BENGALURU-560 003.

17. SRI. B. S. SATYANARAYANA
SON OF LATE B. A. SRINIVASA MURTHY,
AGED ABOUT 43 YEARS,
RESIDING AT III DIVISION,
13TH WARD DEVANAHALLI TOWN,
BENGALURU RURAL DISTRICT-562 110.

…RESPONDENTS


THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,
AGAINST THE ORDER DATED 18.10.2022 PASSED ON I.A.
NOs.1 AND 2 IN O.S.NO.650/2021 ON THE FILE OF THE
SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI, DISMISSING
THE I.A. NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 READ
WITH SECTION 151 OF CPC AND DISMISSING THE I.A.NO.2

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NC: 2026:KHC:56857
MFA No. 7674 of 2022


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FILED UNDER ORDER 39 RULE 1 AND 2 READ WITH SECTION
151 OF CPC.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

ORAL JUDGMENT


This appeal filed before this Court is not maintainable
in view of Section 19(1) of the Karnataka Civil Courts Act,
1964 and the judgment rendered by the Division Bench of
this Court in Smt. Narayanamma -vs- The State of
Karnataka in Writ Petition No.17588 of 2024 (GM-RES)
th
c/w Writ Appeal No.200260 of 2025 (GM-RES) dated 8
July, 2026, which is affirmed by the Hon'ble Supreme
Court in SLP(c) No.025075/2026 dated 3.8.2026.

2. In view of the above, this Court deems it
appropriate to transfer this matter to the concerned

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MFA No. 7674 of 2022


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District Court for adjudication of the matter from the stage
where it is stopped.

3. Accordingly, I pass the following:
O R D E R

i) The appeal stands disposed of for statistical
purposes.

ii) Registry is directed to transfer the entire
record of the case, to the concerned Principal
District & Sessions Judge, who may assign it to
the concerned Appellate Court having
jurisdiction.

iii) In case there are pending applications, the
same also be transferred to be considered by
the learned Judge of the concerned Appellate
Court, in accordance with law.

iv) It is made clear that this Court has not made
any observation as to the merits of the case

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and all rights and contentions of the parties
are left open to be agitated before the
concerned Appellate Court.

v) List this matter before the District Court on
12.11.2026.


Sd/-
(PRADEEP SINGH YERUR)
JUDGE

RCK
List No.: 1 Sl No.: 30