- 1 - HC-KAR CNR: KAHC010557852019 NC: 2026:KHC:42826 RFA No. 22 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR REGULAR FIRST APPEAL NO. 22 OF 2020 (PAR/POS) BETWEEN: 1. C S SAKEENA BI AGED 75 YEARS, W/O J K MOHAMMED ISHAQ, C/O AMJAD PASHA, BIG MASJID MOHALLA, SUNANDA JAYAMMA ROAD, HUNSUR TOWN-572 001. SENIOR CITIZEN BENIFITS SHOULD NOT CLAIMED 2. KHUTIJA BANU C S AGED 66 YEARS, W/O IQBAL KHAN, NO.43, 6TH CROSS (LIG) NEAR KUBA MASJID, UDAYAGIRI, MYSORE CITY-570 028. SENIOR CITIZEN BENIFITS SHOULD NOT CLAIMED APPELLANT NO.1 AND 2 ARE REPRESENTED BY THEIR GPA HOLDER, K I MUKTHAR AHMED, AGED ABOUT 55 YEARS, S/O LATE MOHAMMED ISHAQ, R/AT NO.189, HALEEMA MANZIL, V BLOCK, MAIN ROAD, VIRAJPET, SOUTH KODAGU-571 218. …APPELLANTS (BY SRI. KARUMBAIAH T.A, ADVOCATE) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010557852019 NC: 2026:KHC:42826 RFA No. 22 of 2020 AND: 1. C S MOHAMMED YOUSUF AGED 79 YEARS, S/O LATE M ABDUL SATHAR, R/AT MAIN ROAD, VIRAJPET TOWN, KODAGU DISTRICT-571 218. 2. SIRAJUNNISA AGED 77 YEARS, W/O LATE A MOHAMMED IBRAHIM 3. M IRFAN AGED 47 YEARS, S/O LATE MOHAMMED IBRAHIM. 4. M SADIQ AGED 36 YEARS, S/O LATE MOHAMMED IBRAHIM. 5. M RIZWAN AGED 39 YEARS, S/O LATE MOHAMMED IBRAHIM. 6. ISHRAT FATHIMA AGED 50 YEARS, D/O LATE MOHAMMED IBRAHIM. RESPONDENTS 2 TO 6 ARE RESIDING AT NO.1691, SAWDAY ROAD, 7TH CROSS, LASHKAR MOHALLA, MYSORE-570 029. 7. KURSHIDA BHANU AGED 69 YEARS, W/O LATE C S MOHAMMED HUSSAIN. 8. AFZAL AMEEN AGED 41 YEARS, - 3 - HC-KAR CNR: KAHC010557852019 NC: 2026:KHC:42826 RFA No. 22 of 2020 S/O LATE C S MOHAMMED HUSSAIN. 9. HASEENA AGED 44 YEARS, W/O LATE ARSHAD, 10. MOHAMMED RIZWAN SINCE MINOR REP BY HASEENA AGED 8 YEARS, S/O LATE ARSHAD, RESPONDENTS 9 & 10 ARE RESIDING AT OPP: KSRTC BUS STAND, VIRAJPET-571 218. 11. AMEEN HASSAN AGED 34 YEARS, S/O LATE ARSHAD. 12. TAJ HASSAN AGED 31 YEARS, D/O LATE C S MOHAMMED HUSSAIN, RESPONDENTS No.7,8,11 & 12 ARE RESIDENTS OF GONIKOPPAL ROAD, VIRAJPET TOWN AND TALUK, KODAGU-571 218. …RESPONDENTS (R1 AND R9 SERVED) THIS RFA IS FILED UNDER SEC.96 R/W SEC ORDER 41 RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 17.10.2019 PASSED IN OS.No.3/2010 ON THE FILE OF TH SENIOR CIVIL JUDGE , VIRAJPET, PARTLY DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION. THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - HC-KAR CNR: KAHC010557852019 NC: 2026:KHC:42826 RFA No. 22 of 2020 CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT The impugned judgment is passed by the Senior Civil Judge, Virajpet. 2. In view of the Karnataka Civil Courts (Amendment) Act, 2023 and the Karnataka High Court (Amendment) Act, 2023 and the decision of Division Bench of this Court rendered in Writ Petition No.17588/2024 and connected matter passed on 08.07.2026 and the order of Hon'ble Apex Court dated 03.08.2026 passed in Special Leave Petition (Civil) Diary No.41602/2026, the present appeal is transferred to the Principal District Court, Kodagu-Madikeri. for disposal of the case in accordance with law. Pending I.A.s, if any, are also ordered to be transferred. 3. Registry is directed to send the appeal papers to the said Court. - 5 - HC-KAR CNR: KAHC010557852019 NC: 2026:KHC:42826 RFA No. 22 of 2020 4. For the purpose of statistics, the Regular First Appeal is disposed of. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 4 Sl No.: 1 Ct.sm