- 1 - HC-KAR CNR: KAHC010423442015 NC: 2026:KHC:39731 RFA No. 1337 of 2015 C/W RFA No. 40 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL REGULAR FIRST APPEAL NO. 1337 OF 2015 (PAR) C/W REGULAR FIRST APPEAL NO. 40 OF 2015 IN RFA No. 1337/2015 BETWEEN: 1. PHILOMENA W/O LATE M. CHINNAPPA, SINCE DECEASED - REP. BY HIS LRS WHO ARE ALREADY ON RECORD AS APPELLANTS NO.1 TO 7 AND RESPONDENTS NO.1 AND 2 2. THERESA D/O LATE M. CHINNAPPA AGED ABOUT 51 YEARS, 3. C. RITA D/O LATE M. CHINNAPPA AGED ABOUT 48 YEARS, 4. AROGYA MARY D/O LATE M. CHINNAPPA AGED ABOUT 44 YEARS, 5. LURDAMMA D/O LATE M. CHINNAPPA AGED ABOUT 41 YEARS, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010423442015 NC: 2026:KHC:39731 RFA No. 1337 of 2015 C/W RFA No. 40 of 2015 6. MARIYA REGINA D/O LATE M. CHINNAPPA R/AT NO.23, CHANDINI CHOWK 4TH STREET, 4TH CROSS, SHIVAJINAGAR, BANGALORE - 560 051. 7. BHAGYAMARY D/O LATE M. CHINNAPPA, AGED ABOUT 31 YEARS, APPELLANTS NO.1 TO 5 ARE R/AT BEGUR VILLAGE, BEGUR HOBLI, BANGALORE SOUTH TALUK, BANGALORE. …APPELLANTS (BY SRI. MANIVANNAN G., ADVOCATE) AND: 1. KANIKASWAMY ALPHONSE S/O LATE M. CHINNAPPA AGED ABOUT 53 YEARS, 2. PHILIP JOSEPH S/O LATE M. CHINNAPPA, AGED ABOUT 35 YEARS, 3. DAVID S/O LATE CHOWRAPPA AGED ABOUT 45 YEARS 4. FRANCIS S/O LATE CHOWRAPPA SINCE DECEASED BY HIS LRS, - 3 - HC-KAR CNR: KAHC010423442015 NC: 2026:KHC:39731 RFA No. 1337 of 2015 C/W RFA No. 40 of 2015 4a. S.M. JULIANA W/O. LATE FRANCIES AGED ABOUT 64 YEARS 4b. GERARD ANTO F. S/O. LATE FRANCIS AGED ABOUT 40 YEARS 4c. MARIOA ANDREW F. S/O. LATE FRANCIS AGED ABOUT 37 YEARS 4d. JOCHIM ERIC F. S/O. LATE FRANCIS AGED AOBUT 33 YEARS RESPONDENTS NO.4a TO 4d ARE RESIDING AT NO.75 6TH CROSS, SRI BALAJI KRIPA LAYOUT R.K. HEGDE NAGAR BENGALURU - 560 077 5. JOSEPH S/O LATE CHOWRAPPA AGED ABOUT 38 YEARS, 6. LURDU SWAMY S/O LATE MICHAELAPPA URF APPAJAPPA AGED ABOUT 60 YEARS, 7. JACOB S/O LATE MICHAELAPPA URF APPAJAPPA AGED ABOUT 57 YEARS, - 4 - HC-KAR CNR: KAHC010423442015 NC: 2026:KHC:39731 RFA No. 1337 of 2015 C/W RFA No. 40 of 2015 8. CHINNAMMA D/O LATE MIACHAELAPPA URF APPAJAPPA AGED ABOUT 63 YEARS, 9. MEENA D/O JACOB AGED ABOUT 25 YEARS, ALL ARE RESIDING AT BEGUR VILLAGE & HOBLI, BANGALORE SOUTH TALUK, BANGALORE. 10. A.M. SHARADCHANDRA S/O A.C. MUNIVENKATA GOWDA AGED ABOUT 50 YEARS, MANAGING PARTNER M/S. DUE ASSOCIATES, G.I., 16TH ROYAL HERITAGE, MAGRATH ROAD, BANGALORE - 560 025. 11. SMT. CECILLIA ANAND W/O. P. ANAND D/O. CHOWRAPPA AGED ABOUT 68 YEARS R/AT 17, CHANDINI CHOWK ROAD SHIVAJINAGAR BANGALORE - 560 051 12. SMT. JOSEPHINE C W/O. BERNARD CHINNAPPA D/O. CHOWRAPPA - 5 - HC-KAR CNR: KAHC010423442015 NC: 2026:KHC:39731 RFA No. 1337 of 2015 C/W RFA No. 40 of 2015 AGED ABOUT 65 YEAS R/AT NO.542, JOGU STREET DODDA BEGUR BANGALORE -560 068 13. SMT. ELIZABETH C. W/O. JAIRAJ AGED ABOUT 62 YEARS R/AT NO.22 A CROSS, KEMPEGOWDA LAYOUT NAGENAHALLI, NARAYANAPURA KOTHANUR POST BANGALORE - 560 077 14. SMT. VINCY C. W/O. SRINIVASN D/O. CHOWRAPPA AGED ABOUT 60 YEARS R/AT NO.603, HOOADIGARA BEEDHI DODDABEGUR BANGALORE - 560 068 …RESPONDENTS (BY SRI. AJAY KUMAR PATIL, ADVOCATE FOR R7 TO R9 SRI. ARJUN REGO, ADVOCATE FOR R3, R4 (A TO D) & R5 SRI. B. PURANDARA, ADVOCATE FOR R11 TO R14 R10 - SERVED VIDE ORDER DATED 05.06.2024 APPEAL DISMISSED FOR R1 TO R6) THIS RFA IS FILED UNDER SECTION 96 R/W ORDER XLI RULE 1 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 10.11.2014 PASSED IN O.S.NO.392/2008 ON THE FILE OF THE II ADDL. SENIOR CIVIL JUDGE, BANGALORE RURAL DISTRICT, - 6 - HC-KAR CNR: KAHC010423442015 NC: 2026:KHC:39731 RFA No. 1337 of 2015 C/W RFA No. 40 of 2015 BANGALORE, PARTLY DECREEING THE SUIT FOR RELIEF OF PARTITION AND DECLARATION. IN RFA NO. 40/2015 BETWEEN: 1. JACOB S/O LATE MICHAELAPPA URF APPAJAPPA AGED ABOUT 65 YEARS, 2. CHINNAMMA D/O LATE MICHAELAPPA URF APPAJAPPA, 3. MEENA D/O JACOB, AGED ABOUT 30 YEARS, APPELLANTS NO.1 TO 4 ARE ALL R/AT BEGUR VILLAGE, BEGUR HOBLI, BANGALORE SOUTH TALUK, BENGALURU - 560 068. ...APPELLANTS (BY SRI. AJOY KUMAR PATIL, ADVOCATE) AND: 1. PHILOMENA W/O LATE M.CHINNAPPA, AGED ABOUT 76 YEARS, R/AT BEGUR VILLAGE, BEGUR HOBLI, - 7 - HC-KAR CNR: KAHC010423442015 NC: 2026:KHC:39731 RFA No. 1337 of 2015 C/W RFA No. 40 of 2015 BANGALORE SOUTH TALUK, BENGALURU - 560 068. 2. THERESA D/O LATE M.CHINNAPA, AGED ABOUT 56 YEARS, R/AT BEGUR VILLAGE, BEGUR HOBLI, BANGALORE SOUTH TALUK, BENGALURU - 560 068. 3. C RITA D/O LATE M CHINNAPPA, AGED ABOUT 53 YEARS, 4. AROGYA MARY D/O LATE M CHINNAPPA, AGED ABOUT 50 YEARS, 5. LURDAMMA D/O LATE M CHINNAPPA, AGED ABOUT 47 YEARS, RESPONDENTS NO.1 TO 5 ARE ALL RESIDING AT BEGUR VILLAGE, BEGAUR HOBLI, BANGALORE SOUTH TALUK, BENGALURU - 560 068 6. MARIYA REGINA D/O LATE M CHINNAPPA, AGED ABOUT 41 YEARS, R/AT NO.23, CHANDINI CHOWK, 4TH STREET, 4TH CROSS, - 8 - HC-KAR CNR: KAHC010423442015 NC: 2026:KHC:39731 RFA No. 1337 of 2015 C/W RFA No. 40 of 2015 SHIVAJAINAGAR, BENGALURU - 560 051 7. BHAGYAMARY D/O LATE M CHINNAPPA AGED ABOUT 35 YEARS 8. KANIKASWAMY ALPHONSE S/O LATE M CHINNAPPA AGED ABOUT 59 YEARS 9. PHILIP JOSEPH S/O LATE M CHINNAPPA AGED ABOUT 40 YEARS 10. DAVID S/O LATE CHOWRAPPA AGED ABOUT 51 YEARS FRANCIS S/O LATE M CHOWRAPPA SINCE DEAD BY HIS LRS 11(a). SMT. JULIANA W/O. LATE C FRANCIS AGED ABOUT 56 YEARS 11(b). GERARD ANTOF S/O. LATE C. FRANCIS AGED ABOUT 32 YEARS 11(c). MARIO ANDREW F S/O. LATE C FRANCIS AGED ABOUT 29 YEARS - 9 - HC-KAR CNR: KAHC010423442015 NC: 2026:KHC:39731 RFA No. 1337 of 2015 C/W RFA No. 40 of 2015 11(d). JOCHIM ERIC F S/O. LATE C FRANCIS AGED ABOUT 25 YEARS RESPONDENTS NO.11(a) TO 11(d) ARE ALL RESIDING AT NO.75, 6TH CROSS, SRI BALAJI KRIPA LAYOUT RK HEGDE NAGAR BENGALURU - 560 077 12. JOSEPH S/O LATE M CHOWRAPPA AGED ABOUT 44 YEARS R/O BEGUR VILLAGE BEGUR HOBLI BANGALORE SOUTH T ALUK BANGALORE-560068 13. LURDU SWAMY S/O LATE MICHAELAPPA AGED ABOUT 65 YEARS R/O BEGUR VILLAGE BEGUR HOBLI, BANGALORE SOUTH TALUL BANGALORE-560068 14. AM SHARADCHANDRA S/O AC MUNIVENKATA GOWDA AGED ABOUT 55 YEARS MANAGING PARTNER M/S DUE ASSOCIATES, GI 16TH ROYAL HERITAGE, MAGRATH ROAD BANGALORE - 560 025 ...RESPONDENTS - 10 - HC-KAR CNR: KAHC010423442015 NC: 2026:KHC:39731 RFA No. 1337 of 2015 C/W RFA No. 40 of 2015 (BY SRI. G MANIVANNAN, ADVOCATE FOR C/R1-7 SRI. M. SRINIVASAN, ADVOCATE FOR R10 SRI. L.P.E. REGO, ADVOCATE FOR R10, R11(A TO D), R12 AND PROPOSED IMPLEADING R19 TO R30 SRI. B. PURANDARA, ADVOCATE FOR PROPOSED IMPLEADING R15 TO R18, R9, R13, R14 - SERVED VIDE ORDER DATED 28.05.2024, NOTICE TO R8 IS HELD SUFFICIENT) THIS RFA IS FILED U/SEC. 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 10.11.2014 PASSED IN O.S.NO.392/2008 ON THE FILE OF THE II-ADDL. SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, PARTLY DECREEING THE SUIT FOR THE PARTITION. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT In view of the decision of the Division Bench of this Court in WP.No.17588/2024 c/w WA.No.200260/2025, disposed of on 08.07.2026, the Registry is directed to take steps to transfer these appeals to the appropriate Court. - 11 - HC-KAR CNR: KAHC010423442015 NC: 2026:KHC:39731 RFA No. 1337 of 2015 C/W RFA No. 40 of 2015 2. Accordingly, these appeals are closed for statistical purposes. 3. All pending applications shall be considered by the transferee Court. Sd/- (VIJAYKUMAR A. PATIL) JUDGE SHS List No.: 1 Sl No.: 3