- 1 - HC-KAR CNR: KAHC010004932020 NC: 2026:KHC:43187 RFA No. 760 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. 760 OF 2020 (PAR) BETWEEN: CHETHAN S S/O N SHASHIKUMAR, AGED ABOUT 23 YEARS, C/O H.B.MANJUNATHA, ’MANJU KRUPA’, 860/4, 16, HOUSE BUILDING, NEAR ST.JOHN SCHOOL, SHIVAKUMAR SWAMY EXTN. 1ST STAGE, DAVANAGERE-577 002. …APPELLANT (BY SRI. ANIL KUMAR S., ADVOCATE) AND: 1. K NANJUNDAPPA S/O KARIBASAPPA, (SINCE DECEASED BY HIM LRs OF R2, 3, 4, 6 & 7 ALREADY ON RECORD DTD. 18.5.2021 2. N SHASHIKUMAR S/O K NANJUNDAPPA, AGED ABOUT 50 YEARS, 3. SMT. SHARADAMMA W/O K NANJUNDAPPA, AGED ABOUT 76 YEARS. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010004932020 NC: 2026:KHC:43187 RFA No. 760 of 2020 RESPONDENTS 1 TO 3 ARE R/O CHANNAPPA LAYOUT, A.N.K.ROAD, SHIVAMOGGA-577 201. 4. N VEDAMURTHY S/O K NANJUNDAPPA, AGED ABOUT 54 YEARS, 1ST CROSS, RAJENDRANAGARA, SHIVAMOGGA-577 201. 5. SMT. LATHA W/O LATE RAVI N, AGED ABOUT 51 YEARS, R/A NO.3659, MCC BLOCK, 9TH MAIN, DAVANAGERE-577 004. 6. SMT.N SHOBHA W/O CHANDRASHEKARA, D/O K NANJUNDAPPA, AGED ABOUT 56 YEARS, R/O SHRI SHAILA NIVASA, 1ST CROSS, BEHIND SHANKAR PROVISIONS STORES, GOPALA DOUBLE ROAD, SHIVAMOGGA-577 201. 7. SMT.N RAJESHWARI W/O UMESHA MOOLIMANE, HON’BLE CIVIL JUDGE, AGED ABOUT 52 YEARS, R/O OPP. MODEL HIGH SCHOOL, BEHIND OLD D.C.HOME, MASARI, GADAG-582 101. 8. K SHIVAMURTHY S/O KARIBASABBA, AGED ABOUT 69 YEARS. 9. SHARADAMMA W/O SHIVAMURTHY K, - 3 - HC-KAR CNR: KAHC010004932020 NC: 2026:KHC:43187 RFA No. 760 of 2020 9(a) SINCE DECEASED BY LRS. SHILPA B S, D/O SHIVAMURTHY K, AGED ABOUT 47 YEARS, R/O ERE-BUDIHAL VILLAGE, HARIHARA TALUK-577 601, DAVANAGERE DISTRICT. 9(b) SHWETHA B S D/O SHIVAMURTHY K, AGED ABOUT 45 YEARS, R/O BASAVANAGANGURU VILLAGE, ABBALAGERE POST, SHVIAMOGGA TALUK AND DISTRICT-577 201. 10. MANJUNATHA S/O SHIVAMURTHY K, AGED ABOUT 36 YEARS, RESPONDENTS 8 TO 10 ARE AGRICULTURISTS R/O BASAVANAGANGURU VILLAGE, ABBALAGERE POST, SHVIAMOGGA TALUK AND DISTRICT-577 201. …RESPONDENTS (BY SRI SANGAMESH B, ADVOCATE FOR R8 TO R11. R2, R3 AND R5 – SERVED V/O DTD. 18.7.2022, R2, R3, R4, R6 & R7 ARE LRS OF DECEASED R1) THIS RFA IS FILED UNDER SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED:13.09.2019 PASSED IN OS.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: - 4 - HC-KAR CNR: KAHC010004932020 NC: 2026:KHC:43187 RFA No. 760 of 2020 CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT The impugned judgment is passed by the Prl.Senior Civil Judge and CJM, Shivamogga. 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. - 5 - HC-KAR CNR: KAHC010004932020 NC: 2026:KHC:43187 RFA No. 760 of 2020 4. For the purpose of statistics, the Regular First Appeal is disposed of. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 3 Sl No.: 6 Ct.sm