- 1 - HC-KAR CNR: KAHC010235332020 NC: 2026:KHC:43927 RFA No. 1087 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR REGULAR FIRST APPEAL NO. 1087 OF 2020 (POS) BETWEEN: 1. RAMESH NAIK S/O. LATE. MONAPPA NAIK AGED ABOUT 68 YEARS. 2. VISHWANATHA S/O. LATE. MONAPPA NAIK AGED ABOUT 55 YEARS. BOTH ARE R/AT KOMALI IN MANCHI VILLAGE AND POST, BANTWAL TALUK, D.K. DISTRICT – 574 323. …APPELLANTS (BY SRI. VISHWAJITH RAI M, ADVOCATE) AND: 1. CHAIBAVU @ BAVA PAKKRUDDIN S/O. LATE. B MOHAMMAD BEARY AGED ABOUT 58 YEARS. R/AT B.B. MANZIL HOUSE, THALAPADY, NEAR MESCOM OFFICE, B. MOODA VILLAGE P.O. JODUMARGA BANTWAL TALUK – 574 219. 2. SMT. VISHALAKSHI W/O. NARAYANA NAIK Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010235332020 NC: 2026:KHC:43927 RFA No. 1087 of 2020 D/O. LATE. MONAPPA NAIK AGED ABOUT 66 YEARS. 3. VIMALA W/O. SURESHA P, D/O. LATE. MONAPPA NAIK AGED ABOUT 64 YEARS. 4. SMT. LEELAVATHI W/O. BABU NAIK D/O. LATE. MONAPPA NAIK AGED ABOUT 62 YEARS. 5. SUMITHRA W/O. RAMAKRISHNA NAIK D/O. LATE. MONAPPA NAIK AGED ABOUT 51 YEARS. 6. SMT. JAYANTHI W/O. PRASANNA D/O. LATE. MONAPPA NAIK AGED ABOUT 48 YEARS. RESPONDENTS 2 TO 6 ARE R/AT KOMALI IN MANCHI VILLAGE BANTWAL TALUK – 574 219. …RESPONDENTS (BY SRI. PRASANNA V R, ADVOCATE FOR C/R1) THIS RFA IS FILED UNDER 96 R/W. ORDER 41 RULE 1 OF CPC., AGAINST JUDGMENT AND DECREE DATED:10.06.2020 PASSED IN OS No.11/2016 ON THE FILE OF THE PRL.SENIOR CIVIL JUDGE AND JMFC., BANTWAL.DK. PARTLY DECREEING THE SUIT FOR VACANT POSSESSION. THIS APPEAL, COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR - 3 - HC-KAR CNR: KAHC010235332020 NC: 2026:KHC:43927 RFA No. 1087 of 2020 ORAL JUDGMENT The impugned judgment is passed by the Principal Senior Civil Judge and JMFC, Bantwal, D.K. 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, Mangaluru, D.K., 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 along with trial Court records to the said Court. 4. Order dated 04.03.2021 staying execution of the decree until further orders only so far as it relates to - 4 - HC-KAR CNR: KAHC010235332020 NC: 2026:KHC:43927 RFA No. 1087 of 2020 possession of the appellants, is continued until further orders. 5. For the purpose of statistics, the Regular First Appeal is disposed of. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 3 Sl No.: 7 Ct.sm