- 1 - HC-KAR NC: 2025:KHC-D:13864 RFA No. 100007 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 14TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE REGULAR FIRST APPEAL NO. 100007 OF 2025 (PA/DE/IN) BETWEEN: 1. SMT. VIJAYALAXMI W/O T.N. HARSHAVARDHAN, AGE. 50 YEARS, OCC. HOUSEHOLD, R/O. CTS NO.4855/B/35B, ANURAG BUILDING, SADASHIV NAGAR, BELAGAVI. 2. ANURAG S/O T.N. HARSHAVARDHAN, AGE. 12 YEARS, OCC. STUDENT, R/O. CTS NO.4855/B/35B, ANURAG BUILDING, SADASHIV NAGAR, BELAGAVI. (SINCE MINOR R/BY DEFENDANT NO.1 BEING HIS MOTHER AS NATURAL GUARDIAN) … APPELLANTS (BY SRI. TEJAPAL A. KAMAL, ADVOCATE) AND: 1. SMT. GIRIJABAI W/O TUKARAM NARGUNDAKAR, AGE. 79 YEARS, OCC. HOUSEHOLD, R/O. C/O. B.T. NARGUNDAKAR, FLAT NO.201, CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.10.18 07:57:04 +0100 - 2 - HC-KAR NC: 2025:KHC-D:13864 RFA No. 100007 of 2025 2ND FLOOR, ZIRLI RESIDENCY, BEHIND M.M. POLICE STATION, SHRINAGAR, BELAGAVI-590 017. 2. CHIEF ENGINEER, KARNATAKA NIRAVARI NIGAM LTD., IRRIGATION (NORTH), CLUB ROAD, BELAGAVI-590 001. 3. THE LIFE INSURANCE CORPORATION OF INDIA, SWAROOP PLAZA, TILAKWADI, BELAGAVI, (REPRESENTED BY ITS MANAGER)-590 006. 4. THE STATE OF KARNATAKA, REPRESENTED BY DEPUTY COMMISSIONER, BELAGAVI-590 001. 5. THE GOVERNMENT OF INDIA, REPRESENTED BY DEPUTY COMMISSIONER, BELAGAVI-590 001. … RESPONDENTS (BY SRI. RAMESH N. MISALE, ADVOCATE FOR R1; NOTICE TO R2 AND R4 ARE SERVED; R3 IS UNCLAIMED) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 AND UNDER ORDER 41 RULE 1 R/W SECTION 151 OF C.P.C., PRAYING TO CALL FOR TRIAL COURT RECORDS AND ALLOW THIS REGULAR FIRST APPEAL, BY SETTING ASIDE THE JUDGMENT AND DECREE DATED 23.11.2024 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, BELAGAVI IN O.S. NO.72/2021 IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:13864 RFA No. 100007 of 2025 ORAL JUDGMENT (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) This appeal is of the year 2025. The law relating to the jurisdiction of the first appeal is amended in 2024 vide Act No.32/2004 and 33/2004. The Co-ordinate Bench of this Court has upheld the virus of the said amended provisions relating to appeal. Hence, this Court has no jurisdiction to hear the appeal. 2. The registry of this Court is directed to transfer the appeal to the jurisdictional District Court. 3. The party shall appear before the jurisdictional District Court on 10.11.2025 without any further notice. 4. Since entire Court fee is paid, the District Court shall not insist for additional Court fee. 5. The appeal is disposed of for statistical purposes. - 4 - HC-KAR NC: 2025:KHC-D:13864 RFA No. 100007 of 2025 6. The appellant had the benefit of interim ex-parte order till today. The same shall stands extended till next date. Sd/- (ANANT RAMANATH HEGDE) JUDGE CLK CT:BCK LIST NO.: 1 SL NO.: 119