- 1 - HC-KAR CNR: KAHC010519572019 NC: 2026:KHC:43188 RFA No. 81 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. 81 OF 2020 (PAR) BETWEEN: VEDAMURTHY N VEDAMURTHY SINCE DEAD BY HIS LEGAL REPRESENTATIVE’S 1. D S PUSHPA W/O LATE N VEDAMURTHY AGED ABOUT 53 YEARS 2. VARUN V S/O LATE N. VEDAMURTHY AGED ABOUT 24 YEARS 3. BANASHREE V D/O LATE N.VEDAMURTHY, AGED ABOUT 22 YEARS ALL ARE RESIDENTS OF BANASHREE HIG 212, KHB/PRESS COLONY, 60 FEET MAIN ROAD, SOMINAKOPPA SHIVAMOGGA- 577204. …APPELLANT (BY SRI. S V PRAKASH., ADVOCATE FOR LR’S OF DECD SOLE APPELLANT AS A1(A-C)) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010519572019 NC: 2026:KHC:43188 RFA No. 81 of 2020 AND: 1. CHETAN S S/O N.SHASHIKUMAR, C/O H.B.MANJUNATHA, MANJU KRUPA, 860/4, 16 HOUSE BUILDING, NEAT ST.JOHN SCHOOL, 1ST STAGE, SHVIAKUMAR SWAMY EXTENSION, DAVANAGERE- 577004 2. K NANJUNDAPPA S/O KARIBASAPPA, AGED ABOUT 77 YEARS, 3. N SHASHIKUMAR S/O NANJUNDAPPA, AGED ABOUT 48 YEARS, 4. SHARADAMMA W/O NANJUNDAPPA, AGED ABOUT 75 YEARS, SONCE DEAD BY HER LR'S RESPONDENTS 3, 6 AND 7 RESPONDENTS 2 TO 3 ARE RESEDENTS OF R/O 1ST CROSS, RAJENRANAGAR, SHIVAMOGGA- 577201 5. LATHA W/O LATE RAVI N, AGED ABOUT 48 YEARS, R/O NO.3659, MCC BLOCK, 9TH MAIN, - 3 - HC-KAR CNR: KAHC010519572019 NC: 2026:KHC:43188 RFA No. 81 of 2020 DAVANAGERE- 577004. 6. N SHOBA W/O CHANDRASHEKARA, D/O K.NANJUNDAPPA, AGED ABOUT 54 YEARS, R/O SHRI SHAILA NIVASA, I CROSS, BEHIND SHANKAR PROVISION STORES, GOPALA, DOUBLE ROAD, SHIVAMOGGA- 577501. 7. N RAJESHWARI W/O UMESH MOOLIMANE, AGED ABOUT 50 YEARS, R/O OPPOSITE MODEL HIGH SCHOOL, BEHIND OLD D.C.HOME, MASARI, GADAG- 582101. 8. K SHIVAMURTHY S/O KARIBASAPPA, AGED ABOUT 68 YEARS, R/O BASAVANAGANGURU VILLAGE, ABBALAGERE POST, SHIVAMOGGA TALUK AND DISTRICT. SHARADAMMA W/O SHIVAMURTHY DEAD BY HER LEGAL HEIRS 9. SHILPA B S D/O SHIVAMURTHY K, AGED ABOUT 45 YEARS, R/O ERE BUDIHAL VILLAGE, HARIHARA TALUK, DAVANAGERE DISTRICT- 577004 - 4 - HC-KAR CNR: KAHC010519572019 NC: 2026:KHC:43188 RFA No. 81 of 2020 10. SHWETHA B S D/O SHIVAMURTHY K, AGED ABOUT 43 YEARS, R/O BASAVANAGANGURU VILLAGE, ABBALAGERE POST, SHIVAMOGGA TALUK AND DISTRICT. 11. MANJUNATH S/O SHIVAMURTHY, AGED ABOUT 34 YEARS, R/O BASAVANAGANGURU VILLAGE, ABBALAGERE POST, SHIVAMOGGA TALUK AND DISTRICT. …RESPONDENTS (BY SRI. S ANIL KUMAR, ADVOCATE FOR R1; SRI. SANATH KUMAR SHETTY FOR R8 TO R11; R2 AND R4 SD; V/O DTD 8.8.2023 R3, R5 TO R7 D/W) THIS RFA IS FILED UNDER SECTION 96 OF THE CPC, AGAINST THE JUDGMENT AND DECREE DATED 13.09.2019 PASSED IN O.S.NO.27/2011 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, SHIVAMOGGA, PARTLY DECREEING THE SUIT FOR PARTITION. 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 Prl.Senior Civil Judge and CJM, Shivamogga. - 5 - HC-KAR CNR: KAHC010519572019 NC: 2026:KHC:43188 RFA No. 81 of 2020 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, Shivamogga, 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