- 1 - HC-KAR CNR: KAHC010119142020 NC: 2026:KHC:42639 RFA No. 1229 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR REGULAR FIRST APPEAL NO. 1229 OF 2020 (PAR/DEC) BETWEEN: SADASHIVA SHETTY AGED ABOUT 82 YEARS, S/O LATE JARAPPA SHETTY, BARINJA HOUSE, PEJAVAR POST, KENJAR VILLAGE, MANGALURU - 574 142. …APPELLANT (BY SRI. G.S. BALAGANGADHAR, ADVOCATE FOR A1 AND A2) AND: 1. MR. SEETHARAMA SHETTY AGED ABOUT 74 YEARS, S/O LATE JARAPPA SHETTY, BARINJA HOUSE, KENJAR VILLAGE, PEJAVARA POST VIA BAJPE, MANGALURU - 574 142. SHYAMA SHETTY SINCE DEAD BY HIS LRS' RESPONDENT NO.2 TO 6. 2. MRS. YASHODA SHETTY W/O SUNDARA ADAPA, AGED ABOUT 77 YEARS, R/AT 'YASHASH ANMOL', ADAPA COMPOUND, KODIALGUTTU EAST, KODIALBAIL, MANGALURU - 575 003. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010119142020 NC: 2026:KHC:42639 RFA No. 1229 of 2020 3. MRS. AMABAVATHI SHETTY AGED ABOUT 75 YEARS, W/O LATE BHASKER SHATTY, KUDKUNJA HOUSE, PEJAWARA POST, KENJAR VILLAGE, MANGALURU TALUK, D.K. DISTRICT - 574 142. 4. MR. VISHWANATH SHETTY AGED 73 YEARS, S/O LATE DODDAYYA SHETTY, MOODUMATTA HOUSE, PEJAWARA POST, KENJAR VILLAGE, MANGALURU TALUK, D.K. DISTRICT - 574 142. 5. MRS. PREMA SHETTY AGED ABOUT 53 YEARS, W/O LATE RAMESH SHETTY, KUDKUNJA HOUSE, PEJAWARA POST, KENJAR VILLAGE, MANGALURU TALUK, D.K. DISTRICT - 574 142. 6. MR. MANOHAR SHETTY AGED ABOUT 27 YEARS, S/O LATE RAMESH SHETTY, KUDKUNJA HOUSE, PEJAWARA POST, KENJAR VILLAGE, MANGALURU TALUK, D.K. DISTRICT - 574 142. 7. SMT. MEENAKSHI SHEDTHI AGED ABOUT 90 YEARS, D/O LATE JARAPPA SHETTY, R/AT KULAI BALIKE MANE, HOSABETTU POST, SURATHKAL D.K. DISTRICT - 574 227. 8. SMT. DEVAKI SHETTY AGED ABOUT 88 YEARS, D/O LATE JARAPPA SHETTY, - 3 - HC-KAR CNR: KAHC010119142020 NC: 2026:KHC:42639 RFA No. 1229 of 2020 RESIDENTS OF BARINJA HOUSE KENJAR VILLAGE, PEJVAAR POST, VIA BAJPE, D.K. DISTRICT - 574 142. 9. SMT. YAMUNAKSHI SHETTY AGED ABOUT 86 YEARS, D/O LATE JARAPPA SHETTY, BARINJA HOUSE, PEJAVAR POST, KENJAR VILLAGE, D.K. DISTRICT - 574 142. 10. SMT. SUNDARI SHETTY AGED ABOUT 79 YEARS , D/O LATE JARAPPA SHETTY, MEGINA MANE, PANJALA GUTTU, KENYA POST TALAPADY, D.K. DISTRICT - 574 232. 11. SMT. SUNANDA AGED ABOUT 62 YEARS, D/O LATE PARAMESHWAR SHETTY, JAYA NIVASA, INDIRA NAGARA, IDYA POST, KATLA, SURATHKAL D.K. DISTRICT - 575 014. 12. MR. BHASKAR SHETTY AGED ABOUT 60 YEARS, S/O LATE PARAMESHWAR SHETTY, JAYA NIVASA, INDIRA NAGARA, IDYA POST, KATLA, SURATHKAL, D.K. DISTRICT - 575 014. 13. PUSHPA SHETTY AGED ABOUT 55 YEARS, D/O LATE PARAMESHWAR SHETTY, JAYA NIVASA, INDIRA NAGARA, IDYA POST, KATLA, SURATHKAL, D.K. DISTRICT - 575 014. - 4 - HC-KAR CNR: KAHC010119142020 NC: 2026:KHC:42639 RFA No. 1229 of 2020 14. PREMA SHETTY AGED ABOUT 51 YEARS, D/O LATE PARAMESHWAR SHETTY, JAYA NIVASA, INDIRA NAGARA, IDYA POST, KATLA, SURATHKAL, D.K DISTRICT - 575 014. 15. MR. RAVI SHETTY AGED ABOUT 49 YEARS, S/O LATE PARAMESHWAR SHETTY, JAYA NIVASA, INDIRA NAGARA, IDYA POST, KATLA, SURATHKAL, D.K. DISTRICT - 575 014. 16. MR. SURESH SHETTY AGED ABOUT 45 YEARS, S/O LATE PARAMESHWAR SHETTY, JAYA NIVASA, INDIRA NAGARA, IDYA POST, KATLA, SURATHKAL, D.K. DISTRICT - 575 014. 17. VISHALAKSHI SHETTY D/O LATE PARAMESHWAR SHETTY, AGE MAJOR JAYA NIVASA, INDIRA NAGARA, IDYA POST, KATLA, SURATHKAL, D.K. DISTRICT - 575 014. 18. CHANDRAVATHI MAJOR IN AGE, W/O LATE JAYARAMA SHETTY, JAYA NIVASA, INDIRA NAGARA, KATLA, SURATHKAL, D.K. DISTRICT - 575 014. 19. SUJATHA MAJOR IN AGE, W/O LATE MONAPPA SHETTY, JAYA NIVASA, INDIRA NAGARA, - 5 - HC-KAR CNR: KAHC010119142020 NC: 2026:KHC:42639 RFA No. 1229 of 2020 IDYA POST, KATLA, SURATHKAL, D.K. DISTRICT - 575 014. 20. CHITHRAVATHI AGED ABOUT 61 YEARS, D/O LATE GOPI SHETTY, 21. VITTALA BHANDARY AGED ABOUT 69 YEARS, S/O LATE GOPI SHETTY, 22. MR. VASANTHA BHANDARY AGED ABOUT 66 YEARS, S/O LATE GOPI SHETTY, 23. SHOBA SHETTY AGED ABOUT 55 YEARS, D/O LATE GOPI SHETTY, 24. GEETHA SHETTY AGED ABOUT 51 YEARS, D/O LATE GOPI SHETTY, 25. SUNANDA AGED ABOUT 58 YEARS, W/O LATE SHIRISH BHANDARY, 26. SHRUTI AGED ABOUT 28 YEARS, D/O LATE SHIRISH BHANDARY, 27. SANDESH BHANDARY AGED ABOUT 27 YEARS, S/O LATE SHIRISH BHANDARY, 28. MANJULA AGED ABOUT 41 YEARS, W/O LATE PUSHPARAJ SHETTY, - 6 - HC-KAR CNR: KAHC010119142020 NC: 2026:KHC:42639 RFA No. 1229 of 2020 29. PRATHAM AGED ABOUT 19 YEARS, S/O LATE PUSHPARAJ SHETTY, 30. PRANAMI AGED ABOUT 14 YEARS, D/O LATE PUSHPARAJ SHETTY, SINCE MINOR REPRESENTED BY HER MOTHER DEFENDANT NO.28, MANJULA. RESPONDENT NO.20 TO 30 ARE R/OF KUDRADI HOUSE, MALEMAR, KOTTARA CHOWKI, BEJAI POST, D.K. DISTRICT - 575 004. …RESPONDENTS (BY SRI. P. UDAYASHANKAR RAI, ADVOCATE FOR R1; SRI. SHANKAR S. BHAT, ADVOCATE FOR R2 TO R4, R8 TO R17, R20, R21, R23 TO R30 AND FOR PROPOSED LR'S OF R7 ON RECORD AS R31 TO 34; R5 - PREMA SHETTY - SERVED; R18 -CHANDRAVATHI - SERVED; R19 - SUJATHA SERVED) THIS RFA IS FILED UNDER SECTION 96 OF THE CPC, AGAINST THE JUDGMENT AND DECREE DATED 28.12.2019 PASSED IN O.S.NO.130/2015 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE AND ACJM, MANGALURU D.K., DECREEING THE SUIT FOR PARTITION AND DECLARATION. THIS APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 7 - HC-KAR CNR: KAHC010119142020 NC: 2026:KHC:42639 RFA No. 1229 of 2020 CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT Learned counsel for the appellant is present, learned counsel for respondent No.1 is present and learned counsel for respondent No.21 is present. 2. The impugned judgment is passed by the III Additional Senior Civil Judge and ACJM, Mangaluru, D.K. 3. 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, D.K. Mangaluru for disposal of the case in accordance with law. Pending I.A.s' if any are also ordered to be transferred. - 8 - HC-KAR CNR: KAHC010119142020 NC: 2026:KHC:42639 RFA No. 1229 of 2020 4. Registry is directed to send the appeal papers along with the Trial Court records to the said Court. 5. Interim order granted earlier is extended until further orders. 6. The appellant, respondent No.1 and respondent No.21 are directed to appear before the Principal District and Sessions Judge, D.K. Mangaluru on 01.09.2026. 7. For the purpose of statistics, the Regular First Appeal is disposed off. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 3 Sl No.: 7