- 1 - HC-KAR CNR: KAHC010519582019 NC: 2026:KHC:43189 RFA No. 79 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. 79 OF 2020 (SP) 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 APPELLANT I.E., A1(A-C)) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010519582019 NC: 2026:KHC:43189 RFA No. 79 of 2020 AND: 1. K SHIVAMURTHY S/O KARIBASAPPA, AGED ABOUT 68 YEARS, R/O BASAVANAGANGURU VILLAGE, ABBALAGERE POST, SHIVAMOGGA TALUK AND DISTRICT. SHARADAMMA W/O KRISHNAMURTHY DEAD BY HER LEGAL HEIRS 2. SHILPA B S D/O SHIVAMURTHY K AGED ABOUT 46 YEARS, R/O EREBUDIHAL VILLAGE, HARIHARA TALUK-577004, DAVANAGERE DISTRICT. 3. SHWETHA B S D/O SHIVAMURTHY K AGED ABOUT 44 YEARS, R/O BASAVANAGANGURU VILLAGE, ABBALAGERE POST, SHIVAMOGGA TALUK AND DISTRICT. 4. MANJUNATHA S/O SHIVAMURTHY K AGED ABOUT 33 YEARS, R/O BASAVANAGANGURU VILLAGE, ABBALAGERE POST, SHIVAMOGGA TALUK AND DISTRICT. - 3 - HC-KAR CNR: KAHC010519582019 NC: 2026:KHC:43189 RFA No. 79 of 2020 5. K NANJUNDAPPA S/O KARIBASAPPA, AGED ABOUT 80 YEARS, R/O CHANNAPPA LAYOUT, A.N.K. ROAD, SHIVAMOGGA-577201. 6. N SHASHIKUMAR S/O K NANJUNDAPPA, AGED ABOUT 53 YEARS, R/O CHANNAPPA LAYOUT, A.N.K. ROAD, SHIVAMOGGA-577201. 7. SHARADAMMA W/O NANJUNDAPPA, AGED ABOUT 75 YEARS, SINCE DEAD BY HER LEGAL HEIRS RESPONDENTS 6, 9 AND 10 8. LATHA W/O LATE RAVI N AGED ABOUT 48 YEARS, R/O H.NO.3659, MCC BLOCK, 9TH MAIN, DAVANAGERE-577004. 9. N SHOBHA W/O N CHANDRASHEKARA, D/O K. NANJUNDAPPA, AGED ABOUT 55 YEARS, R/O SHRI SHAILA NIVASA, 1ST CROSS, BEHIND SHANKAR PROVISION STORES, GOPALA, DOUBLE ROAD, SHIVAMOGGA-577201. - 4 - HC-KAR CNR: KAHC010519582019 NC: 2026:KHC:43189 RFA No. 79 of 2020 10. N RAJESHWARI W/O UMESH MOOLIMANI, AGED ABOUT 51 YEARS, R/O. OPPOSITE MODEL HIGH SCHOOL, BEHIND OLD D.C. HOME, MASARI, GADAG-582101. 11. CHETHAN S S/O N SHASHIKUMAR, AGED ABOUT 29 YEARS, C/O. MANJU KRUPA, 860/4, 6TH HOUSE BUILDING, NEAR NEW ST. JOHN SCHOOL, SHIVAKUMARSWAMY NAGAR, 2ND STAGE, ADADI ROAD, DAVANAGERE-577004. …RESPONDENTS (BY SRI. SANATH KUMAR SHETTY, ADVOCATE FOR R1-R4; SRI. S ANIL KUMAR FOR R11; R5, R6, R7, R8, R9 ARE SD; V/O DTD 4.3.2021 NOTICE TO R10 IS D/W; V/O DTD 18.7.2022 R6 TO R10 ARE LRS OF DECEASED R5) THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 13.09.2019 PASSED IN O.S.NO.131/2010 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, SHIVAMOGGA, DECREEING THE SUIT FOR SPECIFIC PERFORMANCE. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 5 - HC-KAR CNR: KAHC010519582019 NC: 2026:KHC:43189 RFA No. 79 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. - 6 - HC-KAR CNR: KAHC010519582019 NC: 2026:KHC:43189 RFA No. 79 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.: 0