- 1 - HC-KAR CNR: KAHC010532072019 NC: 2026:KHC:42825 RFA No. 193 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. 193 OF 2020 (DEC/INJ) BETWEEN: 1. H K SIDDAIAH S/O LATE KALA SINCE DECEASED BY LRS. SMT. AKKAYAMMA W/O LATE SIDDAIAH NOW 60 YEARS R/O KASALAGODU VILLAGE KUSHALA NAGARA HOBLI SOMWARPET TALUK KODAGU DISTRICT-571 236. 2. SRI. H.S.VIJAY S/O LATE SIDDAIAH AGED ABOUT 40 YEARS 3. SRI H.S.DINESH S/O LATE SIDDAIAH AGED ABOUT 37 YEARS. 4. SMT. SHOBHA S/O LATE SIDDAIAH AGED ABOUT 35 YEARS. 5. SRI H.K.NAGAIAH S/O LATE KALA NOW 60 YEARS. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010532072019 NC: 2026:KHC:42825 RFA No. 193 of 2020 6. SRI. H.K.NINGARAJU S/O LATE KALA NOW 58 YEARS. 7. SRI H.H.HALAPPA S/O LATE HALA @ HALAIAH AGED 52 NOW YEARS. 8. SRI H.H.KALAPPA S/O LATE HALA @ HALAIAH AGED NOW 49 YEARS. APPELLANT No.2 TO 8 ARE RESIDENT OF HALAGOTE VILLAGE, KUSHALA NAGARA HOBLI, SOMWARPET TALUK KODAGU DISTRICT-571 236. …APPELLANTS (BY SRI. MADHUKAR NADIG, ADVOCATE FOR SRI GURUDHATHA K, ADVOCATE) AND: 1. H C RAMESH S/O LATE CHENNAPPA NOW 68 YEARS. 2. SMT. RAJAMMA W/O LATE H C SOMAPPA NOW 62 YEARS. 3. SMT. H.C.PADMA @ PADMAMMA D/O LATE H C SOMAPPA NOW 64 YEARS. THE RESPONDENT No.1 TO 3 RESIDENTS OF HEBBALE VILLAGE KUSHAL NAGAR HOBLI, SOMWARPET TALUK, KODAGU-571 236. - 3 - HC-KAR CNR: KAHC010532072019 NC: 2026:KHC:42825 RFA No. 193 of 2020 4. HARIJANA KALAIAH S/O LATE NIRVANI MALLA SINCE DECEASED BY LRS. H.K.SOMANNA S/O HARIJANA KALAIAH MAJOR BY AGE, R/O GANGANAKOPPE VILLAGE HARNALLI HOBLI, PERIYAPATNA TALUK MYSORE DISTRICT-571 107. 5. SMT. MADEVI D/O LATE HARIJANA KALAIAH W/O LATE SIDDA, MAJOR IN AGE 6. SMT. NINGAMMA D/O LATE HARIJANA KALAIAH W/O RAJA, MAJOR IN AGE THE RESPONDENT No.5 AND 6 ARE RESIDING AT HEBBALE VILLAGE KUSHAL NAGARA HOBLI SOMWARPETTE TALUK KODAGU DISTRICT-571 236. 7. SMT. NINGAJI D/O LATE HARIJANA KALAIAH NOW 72 YEARS, R/O LAKKURU VILLAGE PERIYAPATNA TALUK MYSORE DISTRICT-571 107. 8. SMT. JAVARAMMA D/O LATE HARIJANA KALAIAH, AGED 68 YEARS, R/O BELLARALLI VILLAGE SHANIVARA SANTHE HOBLI SOMWARAPETE TALUK KODAGU DISTRICT-571 236. - 4 - HC-KAR CNR: KAHC010532072019 NC: 2026:KHC:42825 RFA No. 193 of 2020 9. SMT. GANGAMMA D/O LATE HARIJANA KALAIAH, NOW 61 YEARS, R/O BENAGALU VILLAGE HARNALLI HOBLI, PERIYAPATNA TALUK, MYSORE DISTRICT-571 107. 10. SMT. GOWRAMMA D/O LATE HARIJANA KALAIAH, NOW 59 YEARS, R/O ERAMANALLI VILLAGE BETTADAPURA HOBLI, PERIYAPATNA TALUK MYSORE DISTRICT-571 107. 11. SMT. JAYAMMA D/O LATE HARIJANA KALAIAH, NOW 56 YEARS, R/O BENGALU VILLAGE HARNALLI HOBLI, PERIYAPATNA TALUK MYSORE DISTRICT-571 107. 12. SMT. PARVATHI D/O LATE HARIJANA KALAIAH, NOW AGED 52 YEARS, R/O GANGANAKUPPE VILLAGE BETTADAPUR HOBLI, PERIYAPATNA TALUK MYSORE DISTRICT-571 107. 13. SRI. H.M.CHANDRASHEKAR S/O LATE MARIYAPPA NOW 54 YEARS. 14. H.C. UMA CHANDRASHEKAR W/O H M CHANDRA SHEKAR AGED 46 YEARS. 15. SMT. NAGAMMA W/O LATE H.M.NAGARAJU - 5 - HC-KAR CNR: KAHC010532072019 NC: 2026:KHC:42825 RFA No. 193 of 2020 NOW AGED 68 YEARS. 16. SRI. H.N.MANJUNATHA S/O LATE H.M.NAGARAJU NOW AGED 46 YEARS. 17. SRI. H.N.RAJENDRA W/O LATE H.M.NAGARAJU NOW AGED 40 YEARS. THE RESIDENT No.13 TO 17 ARE RESIDENT OF HEBBALE VILLAGE, KUSHAL NAGAR HOBLI, SOMWARAPETE TALUK, KODAGU DISTRICT-571 236. 18. SMT. HALAMMA W/O LATE ERAPPA NOW 69 YEARS, NANDIPURA VILLAGE SHANIVARASANTHE HOBLI SMOWARAPETE TALUK KODAGU DISTRICT-571 236. 19. SMT. GANGAMMA W/O LAXMAIAH NOW AGED 62 YEARS, DAMMANAHALLI VILLAGE, K.R.NAGAR TALUK MYSORE DISTRICT-571 602. 20. SMT. GOWRAMMA W/O AMASAIAH NOW AGED 56 YEARS, YACHANAKUPPE VILLAGE ARAKALAGODU TALUK HASSAN DISTRICT-573 102. …RESPONDENTS (BY SRI. CHANDRASHEKAR H B.,ADVOCATE FOR R1 & R3 SMT. ARCHANA MURTHY, ADVOCATE FOR R4-R12 SRI MAHENDRA G, ADVOCATE FOR R14 R2 AND R19 –SERVED - 6 - HC-KAR CNR: KAHC010532072019 NC: 2026:KHC:42825 RFA No. 193 of 2020 V/O DD. 01.02.2024, NOTICE TO R15-R17 ARE HELD SUFFICIENT) THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 30.03.2019 PASSED IN OS.No.52/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE, SOMAWARAPETE, DISMISSING THE SUIT FOR DECLARATION AND PERMANENT INJUNCTION. 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 Senior Civil Judge, Somawarpete. 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- - 7 - HC-KAR CNR: KAHC010532072019 NC: 2026:KHC:42825 RFA No. 193 of 2020 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. 4. For the purpose of statistics, the Regular First Appeal is disposed of. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 4 Sl No.: 3 Ct.sm