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2026 DAILYLAW 32341 (KAR)

SMT. LAKSHMI v. SRI CHIKKEGOWDA

RFA/748/2020 · 2026-08-13

Shivashankar Amarannavar

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010134282020 NC: 2026:KHC:43186 RFA No. 748 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR REGULAR FIRST APPEAL NO. 748 OF 2020 (PAR) BETWEEN: 1. SMT. LAKSHMI W/O CHANDRE GOWDA, AGED ABOUT 39 YEARS, R/AT HINKAL VILLAGE, MYSORE TALUK AND DISTRICT.-570017 2. SRI RAMA S/O KARITHIMMEGOWDA, AGED ABOUT 37 YEARS, 3. SRI LAKSHMANA S/O KARITHIMMEGOWDA, AGED ABOUT 37 YEARS, 4. SRI PRAKASH S/O KARITHIMMEGOWDA, AGED ABOUT 34 YEARS, APPELLANT NO.2 TO 4 ARE R/AT HUYILALU VILLAGE, YELWALA HOBLI, MYSORE TALUK AND DISTRICT-571130 …APPELLANTS (BY SRI. K R LINGARAJU AND BOREGOWDA H K., ADVOCATES) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010134282020 NC: 2026:KHC:43186 RFA No. 748 of 2020 AND: 1. SRI CHIKKEGOWDA S/O LATE BETEGOWDA, AGED ABOUT 67 YEARS, 2. SRI CHIKKEGOWDA S/O MARIDASE GOWDA, AGED ABOUT 47 YEARS, 3. SMT SAKAMMA W/O KARITHIMMEGOWDA @ MUGANNA, AGED ABOUT 72 YEARS, 4. SRI KARITHIMMEGOWDA S/O CHIKKEGOWDA, AGED ABOUT 77 YEARS, RESPONDENT NO.1 TO 4 ARE R/AT HUYILALU VILLAGE, NAGAVARA HOBLI, YELWALA HOBLI, MYSORE TALUK AND DISTRICT-571130 SRI ANNAIAH S/O LATE DASEGOWDA, DEAD BY LRS, 5. SANNANINGAMMA, W/O LATE ANNAIAH, AGED ABOUT 77 YEARS, 6. DODDAMMA W/O PAPANNA, AGED ABOUT 60 YEARS, - 3 - HC-KAR CNR: KAHC010134282020 NC: 2026:KHC:43186 RFA No. 748 of 2020 RESPONDENT NO. 5 AND 6 ARE R/AT KYATHANAHALLI VILLAGE, HAMPAPURA HOBLI, H D KOTE TALUK, MYSURU DISTRICT-571125 7. GOWRAMMA W/O RAMEGOWDA, AGED ABOUT 56 YEARS, R/AT HINKAL VILLAGE, KASABA HOBLI, MYSURU TALUK, MYSURU DISTRICT-570017 8. SHIVAMMA W/O MAHADEVU, AGED ABOUT 52 YEARS, 9. KARITHAMMEGOWDA S/O LATE ANNAIAH, AGED ABOUT 51 YEARS, RESPONDENT NO. 8 AND 9 ARE R/AT HUYILALU VILLAGE, NAGAVALA POST, YELWALA HOBLI, MYSORE TALUK AND DISTRICT-571130 10. LAKSHMI W/O NAGANNA, AGED ABOUT 50 YEARS, R/AT LINGADEVARA KOPPAL VILLAGE, YELWALA POST, MYSURU DISTRICT-571130 - 4 - HC-KAR CNR: KAHC010134282020 NC: 2026:KHC:43186 RFA No. 748 of 2020 SRI SANNAHEYDE GOWDA S/O LATE DASE GOWDA, DEAD BY LRS., 11. KARITHIMMEGOWDA, S/O LATE SANNAHYDE GOWDA, AGED ABOUT 48 YEARS, R/AT HUYILALU VILLAGE, NAGAVALA POST, YELWALA HOBLI, MYSURU TALUK AND DISTRICT-571130 12. DODDAMMA W/O CHANDRU, AGED ABOUT 46 YEARS, R/AT SEEGAHALLI VILLAGE, NAGAVALA POST, YELWALA HOBLI, MYSURU TALUK AND DISTRICT-571130 13. SRI SHANKARA S/O LATE THIMMEGOWDA, AGED ABOUT 57 YEARS, 14. SRI KALEGOWDA S/O LATE THIMMEGOWDA, AGED ABOUT 54 YEARS, 15. SRI SHIVANNA S/O LATE THIMMEGOWDA, AGED ABOUT 50 YEARS, 16. SRI VENKATA RAMU S/O LATE THIMMEGOWDA, AGED ABOUT 45 YEARS, - 5 - HC-KAR CNR: KAHC010134282020 NC: 2026:KHC:43186 RFA No. 748 of 2020 SRI KARITHIMMEGOWDA, S/O LATE MARIDASEGOWDA, DEAD BY LEGAL REPRESENTATIVES, 17. SMT. PUTTAMMA W/O LATE KARTHIMMEGOWDA AGED ABOUT 62 YEARS 18. SRI SHIVANNA S/O LATE KARTHIMMEGOWDA AGED ABOUT 42 YEARS 19. GOWRI D/O LATE KARTHIMMEGOWDA AGED ABOUT 38 YEARS RESPONDENT NO. 13 TO 19 ARE R/AT HYULIALU VILLAGE, NAGAVALA POST. YELWAL HOBLI, MYSURU TALUK AND DISTRICT-571130. SRI DASEGOWDA S/O LATE BYATEGOWDA DEAD BY LRS 20. SMT. SANNAMMA W/O LATE BYATEGOWDA AGED ABOUT 70 YEARS 21. SMT. MANJULA W/O LATE PUTTAMADHU AGED ABOUT 51YEARS R/AT MARCHALLI VILLAGE AND POST, KASABA HOBLI, K.R.NAGAR TALUK MYSURU DISTRICT-571617 - 6 - HC-KAR CNR: KAHC010134282020 NC: 2026:KHC:43186 RFA No. 748 of 2020 22. SMT. LAKSHMI W/O MAHADEVU AGED ABOUT 49 YEARS R/AT MATTAGALLI VILLAGE, JAYAPURA HOBLI, MYSURU TALUK AND DISTRICT-570008. 23. SMT. SAKAMMA W/O MAHADEVA AGED ABOUT 47 YEARS R/AT MALLINATHAPURA VILLAGE BELIKERI VILLAGE, MYSURU TALUK AND DISTRICT-571103. 24. SRI KUMARA S/O LATE DASEGOWDA AGED ABOUT 45 YEARS RESPONDENT NO. 20 AND 24 ARE R/AT HUYILALU VILLAGE, YELWALA HOBLI, MYSURU TALUK AND DISTRICT-571130. 25. SRI MAHADEVA S/O LATE BYATEGOWDA AGED ABOUT 60 YEARS, 26. SMT SAKAMMA W/O LATE SHIVANNA @ KOLEGOWDA AGED ABOUT 61 YEARS, 27. SRI JAVARE GOWDA S/O LATE CHANNEGOWDA @ KATHAVE GOWDA AGED ABOUT 64 YEARS, - 7 - HC-KAR CNR: KAHC010134282020 NC: 2026:KHC:43186 RFA No. 748 of 2020 28. SRI SHIVANNA S/O LATE CHANNEGOWDA @ KATHAVE GOWDA AGED ABOUT 54 YEARS, 29. SRI AMESHE GOWDA S/O LATE CHANNEGOWDA @ KATHAVE GOWDA AGED ABOUT 50 YEARS, 30. SRI.RAVI S/O LATE CHANNEGOWDA @ KATHAVE GOWDA AGED ABOUT 42 YEARS, 31. SMT.SHANNACHIKKAMMA W/O NINGE GOWDA AGED ABOUT 69 YEARS, 32. SMT.NINGAMMA W/O LATE CHIKKEGOWDA AGED ABOUT 103 YEARS, 33. SRI.RAMACHANDRA S/O LATE KARAGIMALLEGOWDA AGED ABOUT 79 YEARS, 34. SMT.RAMAMMA W/O LATE KARITHIMMEGOWDA @ PLAPANNA AGED ABOUT 67 YEARS, 35. THULASI D/O LATE KARITHIMMEGOWDA @ PAPANNA AGED ABOUT 34 YEARS, 36. ASHA D/O LATE KARITHIMMEGOWDA @ PAPANN AGED ABOUT 32 YEARS, - 8 - HC-KAR CNR: KAHC010134282020 NC: 2026:KHC:43186 RFA No. 748 of 2020 SRI.JAYARAMA S/O LATE KARITHIMMEGOWDA @ PAPANNA DEAD BY LRS 37. SMT.KARIYAMMA W/O LATE JAYARAMA AGED ABOUT 47 YEARS, 38. SRI.PREMA D/O LATE JAYARAMA, AGED ABOUT 30 YEARS, 39. SRI MANJU S/O LATE JAYARAMA, AGED ABOUT 28 YEARS, 40. SMT MANJULA W/O LATE KUMARA AGED ABOUT 44 YEARS, 41. KUM RAMYA D/O LATE KUMARA AGED ABOUT 28 YEARS, 42. KUM SOWMYA D/O LATE KUMARA AGED ABOUT 26 YEARS, RESPONDENT NO. 25 TO 42 ARE R/O HUYILALU VILLAGE, NAGAVALA POST, YELWALA HOBLI MYSURU TALUK AND DISTRICT-571 130. …RESPONDENTS - 9 - HC-KAR CNR: KAHC010134282020 NC: 2026:KHC:43186 RFA No. 748 of 2020 (BY SRI. SUBHASH CHANDRA BOSE., ADVOCATE FOR R1 TO R3, R13, R14 TO R19, R24, R33 TO R42; SRI. NARASIMHAN, ADVOCATE FOR R27 TO R30; SRI. MOHAN P N, ADVOCATE FOR R31; SRI. NANJUNDA GOWDA, ADVOCATE FOR R34 TO R36; R4, R9, R10, R21, R25 ARE SERVED) THIS RFA IS FILED UNDER SECTION 96 OF THE CPC, AGAINST THE JUDGMENT AND DECREE DATED 16.11.2019 PASSED IN O.S.NO.104/2008 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE AND CJM, MYSURU, DISMISSING THE SUIT FOR PARTITION AND SEPARATE POSSESSION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT The impugned judgment is passed by the III Additional Senior Civil Judge and CJM, Mysuru. 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 - 10 - HC-KAR CNR: KAHC010134282020 NC: 2026:KHC:43186 RFA No. 748 of 2020 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, Mysuru, 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. 4. For the purpose of statistics, the Regular First Appeal is disposed of. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 3 Sl No.: 4