- 1 - HC-KAR CNR: KAHC010117312013 NC: 2026:KHC:43615 RFA No. 337 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL REGULAR FIRST APPEAL NO. 337 OF 2013 (PAR) BETWEEN: MR BALAKRISHNA, S/O LATE MR SHIVA SALIAN, AGED ABOUT 61 YEARS, R/AT "ANNU MOOLYA", KAIRABETTU VILLAGE, SURATHKAL, MANGALORE - 574 158. …APPELLANT (BY SRI. VASANTH V FERNANDES., ADVOCATE) AND: 1. MRS AMITHA, W/O MR ANIL KUMAR, AGED ABOUT 36 YEARS, C/O BHAVANI HENGSU, NEAR URWA MARIGUDI TEMPLE, ASHOKNAGAR POST, BOLUR, MANGALORE - 575 006. 2. MRS BABY, W/O MR ANAND, AGED ABUT 64 YEARS, R/AT "ANNU MOOLYA" KAIRABETTU VILLAGE, Digitally signed by ANNAPURNA G Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010117312013 NC: 2026:KHC:43615 RFA No. 337 of 2013 SURATHKAL, MANGALORE - 574 158. 3. MR SHEKHAR BHAMJAN, S/O MR BABU BANGERA, MAJOR, 4. MR SADANANDA T K S/O MR KANTHAPPA KOTTARI, MAJOR, 5. MRS GIRIJA S SHETTY, W/O MR S SRINIVASA SHETTY, MAJOR, 6. MR CHANDRASHEKAR R SHETTY S/O MR RAJU SHETTY, MAJOR, 7. MRS URMILA RAMESH W/O MR RAMESH KUMAR MAJOR, 8. MR J MOHANA S/O MR U K THIMMAPPA, MAJOR, 9. MRS JAYASREE Y SALYAN W/O MR YASHAVANTHA SALYAN, MAJOR, ALL ARE R/AT "ANNU MOOLYA" KAIRABETTU VILLAGE, - 3 - HC-KAR CNR: KAHC010117312013 NC: 2026:KHC:43615 RFA No. 337 of 2013 SURATHKAL, MANGALORE - 574 158. 10. MR NARAYANA SALIAN, S/O MR MANJAPP MOOLYA, AGED ABOUT 59 YEARS, 11. MRS. BABY, W/O LATE MR. PADMANABHA, AGED ABOUT 50 YEARS, 12. MR. PRASHANTH, S/O LATE MR. PADMANABHA, AGED ABOUT 24 YEARS, 13. MR PRAVEEN S/O LATE MR. PADMANABHA, AGED ABOUT 22 YEARS, NOS.10 TO 13 ARE R/AT: FIRST FLOOR , ROOM NO.8, RAJ MANDI BUILDING, PARSIK ROAD, KALWA, KAREEMGAV - 400 605 14. MRS. LEELA, W/O MR. KARIYA, AGED ABOUT 46 YEARS, 15. MISS THULASI, D/O LATE MR. KARIYA, AGED ABOUT 28 YEARS, NOS.14 AND 15 ARE RESIDING AT: - 4 - HC-KAR CNR: KAHC010117312013 NC: 2026:KHC:43615 RFA No. 337 of 2013 DINDA THOTTA HOUSE, MUNJOORU, SRINIVASA NAGAR POST, MANGALORE TALUK - 574 157. 16. MRS GULABI PUTTAPPA, D/O MR. MANJAPPA MOOLYA, AGED ABOUT 44 YEARS, DOOR NO.12, SAI NATH NILAYA, DISPENSARY ROAD, BANGALORE- 560 002 17. MRS. PURANDARI MOHAN KOTIAN, W/O MR. MOHAN GOPAL KOTIAN, AGED ABOUT 60 YEARS. 18. MR. GAURAV MOHAN KOTIAN, S/O. OF MOHAN GOPAL KOTIAN, AGED ABOUT 34 YEARS. 19. MR. VAIBHAV MOHAN KOTIAN, S/O MOHAN GOPAL KOTIAN, AGED ABOUT 29 YEARS. ALL ARE RESIDING AT: C-17, ANJANA BUILDING, MAHALAXMI SOCIETY, VEERA DESAI ROAD, NEAR MVM SCHOOL, ANDHERI WEST, MUMBAI - 400 058. REPRESENTED BY THEIR GPA HOLDER: MRS. PADMAVATHI SALIAN, - 5 - HC-KAR CNR: KAHC010117312013 NC: 2026:KHC:43615 RFA No. 337 of 2013 AGED ABOUT 57 YEARS, W/O MR. UMESH SALIAN, RESIDING AT SHREE SANIDHYA, DODDAKOPLA, NEAR SADASHIVA TEMPLE, SURATHKAL, MANGALURU - 575 014. …RESPONDENTS (BY SRI. N. SHANKARANARAYANA BHAT, ADVOCATE FOR R1 SRI. A AMRITH KINI, ADVOCATE FOR R17 TO R19 R5 IS SERVED VIDE ORDER DATED 01.09.2016, NOTICE TO R4 IS HELD SUFFICIENT VIDE ORDER DATED 02.01.2020, APPEAL AGAINST R2, R3, R6 TO R16 IS DISMISSED AS NOT PRESSED) THIS RFA IS FILED U/SEC.96, R/W O-41, RULE-1 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 03.11.2012 PASSED IN O.S.109/2008 ON THE FILE OF THE II-ADDL. SENIOR CIVIL JUDGE, MANGALORE, D.K., DECREEING THE SUIT FOR PARTITION AND ETC., THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 6 - HC-KAR CNR: KAHC010117312013 NC: 2026:KHC:43615 RFA No. 337 of 2013 CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT In view of the judgment rendered by the Division Bench of this Court in WP.No.17588/2024 c/w WA.No.200260/2025 dated 08.07.2026, which is affirmed by the Hon'ble Supreme Court in SLP(C).No.025075/2026 dated 03.08.2026, the Registry is directed to take steps to transfer this appeal to the appropriate Court. 2. For statistical purposes, the appeal is disposed of. 3. All pending applications shall be considered by the transferee Court. Sd/- (VIJAYKUMAR A. PATIL) JUDGE SHS List No.: 2 Sl No.: 6