- 1 - HC-KAR NC: 2025:KHC:47390-DB RFA No. 1221 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL REGULAR FIRST APPEAL NO.1221 OF 2021 (PAR/POS) BETWEEN: 1. NAGARAJ NAIKA S/O LACHMA NAIKA, AGED ABOUT 34 YEARS, R/A GADIKOPPA TANDA, GOPALA POST, SHIVAMOGGA. 2. SMT. SEETHA BAI W/O LACHMA NAIKA, AGED ABOUT 53 YEARS, R/A GADIKOPPA TANDA, GOPALA POST, SHIVAMOGGA. 3. SMT. MANJULA D/O LACHMA NAIKA, AGED ABOUT 29 YEARS, R/A GADIKOPPA TANDA, Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:47390-DB RFA No. 1221 of 2021 GOPALA POST, SHIVAMOGGA. 4. SMT. KAMALI BAI W/O LATE CHANDRA NAIKA, AGED ABOUT 44 YEARS, R/A YADAVALA VILLAGE, HARNAHALLI POST, SHIVAMOGGA TALUK. 5. MS. YASHODA D/O LATE CHANDRA NAIK, AGED ABOUT 22 YEARS, R/A YADAVALA VILLAGE, HARNAHALLI POST, SHIVAMOGA TALUK, …APPELLANTS (BY SRI. ARUN ASHOK GADAG, ADVOCATE) AND: 1. SAMYA NAIKA S/O LATE LASHARI NAIKA, AGED ABOUT 70 YEARS, R/A YADAVALA VILLAGE, HARNAHALLI VILLAGE, SHIVAMOGGA TALUK. 2. SMT. SEETHA BAI - 3 - HC-KAR NC: 2025:KHC:47390-DB RFA No. 1221 of 2021 W/O RAJA NAIKA, AGED ABOUT 59YEARS, R/A GADIKOPPA THANDA, GOPAL POST, SHIVAMOGGA. 3. BABA NAIKA S/O LATE LASHKARI NAIKA, AGED ABOUT 51 YEARS, R/A GADIKOPPA THANDA, GOPAL POST, SHIVAMOGGA. 4. RAGHU B. S/O R. BALARAJU, AGED ABOUT 42 YEARS, R/A DHAVALAGIRINIVASA, II CROSS, THIMAKKA LAYOUT, VINOBANAGAR, SHIVAMOGGA. 5. KHADER BASHA S/O JAINA LABDIN, AGED ABOUT 50 YEARS, R/A TANK MOHALLA, SHIVAMOGGA. - 4 - HC-KAR NC: 2025:KHC:47390-DB RFA No. 1221 of 2021 6. H.J.VIJAYKUMAR S/O H.S.JAYANNA AGED ABOUT 60 YEARS R/AT 'SANIDHYA' SHANKAR MATH ROAD OPP. SUPREME MOTORS TANK BUND SHIVAMOGGA. …RESPONDENTS (BY SRI. M.RUDRAIAH, ADV. FOR R4; SRI. PRUTHVI WODEYAR, ADV. FOR R5; SRI. S.B.TOTAD, ADV. FOR R6; R1 TO R3 ARE SERVED) THIS RFA IS FILED UNDER SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 22.12.2020 PASSED IN OS.NO.115/2016 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND CJM, SHIVAMOGGA. DISMISSING THE SUIT FOR PARTITION, SEPARATE POSSESSION AND DECLARATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 5 - HC-KAR NC: 2025:KHC:47390-DB RFA No. 1221 of 2021 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) Learned counsel appearing for the appellants submits that in view of the subsequent amendment to the Karnataka Civil Courts Act, 1964 and the Karnataka High Court (Amendment) Act, 2023, and in view of the decision of the learned Single Judge in W.P.No.201536/2024, matter is required to be transferred to the jurisdictional Court. 2. In view of the said submission, Registry shall take steps and do the needful. 3. The aforesaid order is passed at the joint request of the learned counsel for the appellants as well as the learned counsel for the respondents. 4. For statistical purpose, the appeal shall stand closed. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE PN List No.: 1 Sl No.: 2