M/S.Markon Developers Vs Sri. S. K. Krishana Reddy — Karnataka HC (2026) — LawSathi Research

M/S.Markon Developers Vs Sri. S. K. Krishana Reddy — Karnataka HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal disposed of as not maintainable; liberty reserved to the appellant to approach the appropriate forum by filing appropriate proceedings; time spent in this appeal to be condoned if such proceedings are filed; all certified copies filed by the appellant to be returned to his counsel forthwith; pending applications, if any, disposed of.

Issue for consideration

Whether the Miscellaneous First Appeal against the order dated 12.08.2025 passed on I.A.No.1 in O.S.No.887/2023 is maintainable before the High Court of Karnataka, in view of the amendment to the Karnataka Civil Courts Act whereby such matters are to be agitated before the District Court under Section 19 of the Act.

Court's answer

Placing on record learned counsel's submission that, in view of the amendment to the Karnataka Civil Courts Act, the impugned order of the Principal Senior Civil Judge and JMFC, Anekal must be agitated before the District Court as provided under Section 19 of the Act, this appeal is disposed of as not maintainable.

Ratio / Principle

Liberty is reserved to the appellant to approach the appropriate forum by filing appropriate proceedings, and the time spent in this appeal shall be condoned if any such proceedings are filed.

Key takeaways

All certified copies filed by the appellant shall be returned to the learned counsel for the appellant forthwith, and pending applications, if any, stand disposed of.ratio¶52

Detailed headnote1 paragraphs

Miscellaneous First Appeal (CPC) under S.43 Rule 1(r) CPC by M/s. Markon Developers against the order dated 12.08.2025 passed on I.A.No.1 in O.S.No.887/2023 on the file of the Principal Senior Civil Judge and JMFC, Anekal, allowing I.A.No.1 filed under Order 39 Rules 1 and 2 read with Section 151 CPC. At the admission stage, learned counsel for the appellant submitted that, in view of the amendment made to the Karnataka Civil Courts Act, the impugned order will have to be agitated before the District Court as provided under Section 19 of the Act. Placing that submission on record, the High Court disposed of the appeal as not maintainable, reserving liberty to the appellant to approach the appropriate forum by filing appropriate proceedings, condoning the time spent herein if such proceedings are filed, directing return of all certified copies to the appellant's counsel forthwith, and disposing of pending applications, if any.

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NC: 2026:KHC:35691 MFA No. 8687 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF JULY, 2026 BEFORE

THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

MISCELLANEOUS FIRST APPEAL NO. 8687 OF 2025 (CPC)

BETWEEN:

M/S.MARKON DEVELOPERS A PARTNERSHIP FIRM INCORPORATED UNDER THE INDIAN PARTNERSHIP ACT, 1932]

HAVING ITS REGISTERED OFFICE AT NO.73, 1^ST FLOOR, 'KRISHNA' KARTHIK NAGAR, LRDE EMPLOYEES HOUSING CO-OPERATIVE SOCIETY LAYOUT DODDANEKUNDI VILLAGE KRISHNARAJAPURAM HOBLI BENGALURU - 560 057

Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA

PRESENTLY HAVING OFFICE AT MARKON MADHURA GARDENS SY. NO.47 & 49, SORAHUNSE VILLAGE NEAR MADURMBIKA TEMPLE BEHIND KPTCL SUB STATION VARTHUR, BENGALURU - 560 087 REP. BY ITS MANAGING PARTNER SRI. SRINIVASULU KONDAMURI

…APPELLANT

(BY SRI. SAMMITH S., ADVOCATE)

AND:

SRI. S. K. KRISHANA REDDY D/O LATE KONDA REDDY

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HC-KAR

AGED ABOUT 60 YEARS R/AT. SARJAPURA VILLAGE SARJAPURA HOBLI ANEKAL TALUK BENGALURU URBAN DISTRICT.

SMT.YASHODHA, W/O LATE S.V GOPAL AGED ABOUT 58 YEARS

SRI. S.G SHASHI KUMAR, S/O LATE S.V GOPAL AGED ABOUT 35 YEARS

SRI. P.V. SRINIVASAIAH @ SRINIVASA S/O. LATE VENKATARAMANAPPA AGED ABOUT 70 YEARS

SMT. SAROJAMMA D/O. P.V. SRINIVASAIAH @ SRINIVASA AGED ABOUT 56 YEARS

SMT. SHANTHAMMA D/O. P.V. SRINIVASAIAH @ SRINIVASA AGED ABOUT 58 YEARS

SRI. PRADEEP P.S S/O. P.V. SRINIVASAIAH @ SRINIVASA AGED ABOUT 29 YEARS

SMT. SAROJAMMA D/O. LATE VENKATARAMANAPPA AGED ABOUT 60 YEARS

SMT.KRISHNAVENI D/O. LATE VENKATARAMANAPPA AGED ABOUT 58 YEARS RES.PONDENTS 2 TO 9 ARE R/AT. SARJAPURA VILLAGE SARJAPURA HOBLI, ANEKAL TALUK BENGALURU URBAN DISTRICT.

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HC-KAR

S.K. CHANDRA REDDY S/O. S.C. KONDA REDDY AGED ABOUT 55 YEARS

SRI. CHETHAN C. REDDY S/O. S.K. CHANDRA REDDY AGED ABOUT 20 YEARS

KUMARI. MONISHA C. REDDY D/O. S.K. CHANDRA REDDY AGED ABOUT 12 YEARS

DEFENDANT NO. 12 SINCE MINOR REP. BY HER FATHER & NATURAL GUARDIAN RESPONDENT NO.10 SRI. S.K. CHANDRA REDDY RESPONDENT NO.10 TO 12 ARE R/AT. BEHIND CHAMUNDESHWARI TEMPLE, SARJAPURA VILLAGE SARJAPURA HOBLI ANEKAL TALUK BENGALURU URBAN DISTRICT.

SMT.SHANTHAMMA W/O. LATE S.K. NARAYANA REDDY AGED ABOUT 58 YEARS

SRI.S.N HARISH S/O. LATE S.K NARAYANA REDDY AGED ABOUT 58 YEARS

SRI. ARJUN S/O. LATE S.K.NARAYANA REDDY AGED ABOUT 38 YEARS RESPONDENT NOS. 13 TO 15 ARE R/AT NO.297, GANGA NAGAR BYADARAPALLI, ZUJJAVADI HOSUR TALUK KRISHNA GERRI DISTRICT TAMIL NADU 635 126

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HC-KAR

SMT.S.K.PADMA D/O.LATE S.C.KONDA REDDY AGED ABOUT 57 YEARS R/AT NO. 6, 11^TH MAIN 4^TH CROSS, MSR LAYOUT OPP LAKSHMIPATI INDUSTRY HONGASANDRA BENGALRU SOUTH TALUK BENGALURU - 560 068

SMT.S.K.BHAGYA LAKSHMI D/O. LATE S.C. KONDA REDDY AGED ABOUT 57 YEARS R/AT NO. 229, 9^TH MAIN 5^TH 'A' CROSS, HONGASANDRA BENGALURU SOUTH TALUK BENGALURU - 560 068

…RESPONDENTS

(BY SRI.SURESH S., ADVOCATE FOR R1; NOTICE TO R2 TO R17 IS DISPENSED WITH V.O.D 22.01.2026)

THIS MFA IS FILED U/S.43 RULE 1(r) OF THE CPC,

AGAINST THE ORDER DATED 12.08.2025 PASSED ON I.A.NO. 1 IN O.S.NO. 887/2023 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, ANEKAL, ALLOWING IA NO. 1 FILED U/O.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:

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NC: 2026:KHC:35691 MFA No. 8687 of 2025

HC-KAR

CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

ORAL JUDGMENT

Learned counsel for the appellant fairly submits that in view of the amendment made to the Karnataka Civil Courts Act, the impugned order passed by the Principal Senior Civil Judge and JMFC at Anekal will have to be agitated before the District Court as provided under Section 19 of the Act.

Placing the submission of learned counsel, this appeal is disposed of as not maintainable. Liberty is reserved to the appellant to approach the appropriate forum by filing appropriate proceedings. Time spent herein shall be condoned, if any such proceedings are filed. All certified copies filed by the appellant shall be returned to the learned counsel for the appellant forthwith.

Pending applications, if any, stand disposed of.

Sd/(PRADEEP SINGH YERUR) JUDGE

VM

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