- 1 - HC-KAR CNR: KAHC010034102020 NC: 2026:KHC:42827 RFA No. 84 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR REGULAR FIRST APPEAL NO. 84 OF 2020 (DEC/PAR) BETWEEN: 1. RICHARD SALDHANA S/O LATE PASCAL SALDHANA AGED 60 YEARS, R/AT D NO.25-14-767 JEPPINA MOGARU B VILLAGE, JEPPU MANGALORE D K DISTRICT PIN-575 003. 2. ARCHIBALD SALDHANA S/O LATE PASCAL SALDHANA AGED 59 YEARS, R/AT D NO.25-14-767 JEPPINA MOGARU B VILLAGE, JEPPU MANGALORE D K DISTRICT-575 003. 3. MR JAMES SALDHANA S/O LATE PASCAL SALDHANA AGED 57 YEARS, R/AT D No.25-14-767 JEPPINA MOGARU B VILLAGE, JEPPU MANGALORE D K DISTRICT-575 003. …APPELLANTS (BY SRI. RAVISHANKAR SHASTRY G, ADVOCATE) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010034102020 NC: 2026:KHC:42827 RFA No. 84 of 2020 AND: 1. MR CLIFFORD SALDHANA S/O LATE PASCAL SALDHANA AGED 53 YEARS, R/AT D NO.25-14-767 JEPPINA MOGARU B VILLAGE, JEPPU , MANGALORE D K DISTRICT PIN-575 003. 2. SHALINI SALSHANA AGED ABOUT 49 YEARS 3. OSHWIN SALDHANA AGED ABOUT 23 YEARS. 4. OSLIN SALDHANA AGED ABOUT 17 YEARS. RESPONDENT No.2 IS WIDOW AND RESPONDENT No.3 AND 4 ARE CHILDREN OF LATE OSWALD SALDHANA AND RESPONDENT No.5 IS MINOR AND REPRESENTED BY HIS MOTHER AND NATURAL GUARDIAN RESPONDENT NO.2 ALL ARE RESIDING BEHIND VALENCIA CHURCH ROAD, VALENCIA, KANAKANADY POST, MANGALORE MANGALORE TALUK, D K DISTRICT PIN-575 002. 5. VEENA SALDHANA NEE D’ SOUZA D/O PASCAL SALDHANA AGED 52 YEARS, W/O JOSSY WILFRED D’SOUZA R/AT SACRED HEART COTTAGE NEAR ANGLEOR CHURCH - 3 - HC-KAR CNR: KAHC010034102020 NC: 2026:KHC:42827 RFA No. 84 of 2020 NAGORI, MANGALORE D K DISTRICT – 575 002. …RESPONDENTS (BY SRI L T E REGO & ARJUN REGO, ADVOCATE FOR R1 R2 AND R5 SERVED) THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 26.09.2019 PASSED IN OS.NO.31/2015 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND CJM., MANGALURU, DISMISSING THE SUIT FOR DECLARATION AND 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 II Additional Senior Civil Judge and CJM, Mangaluru. 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 - 4 - HC-KAR CNR: KAHC010034102020 NC: 2026:KHC:42827 RFA No. 84 of 2020 appeal is transferred to the Principal District Court, Mangaluru, D.K. 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. Interim order granted earlier is extended until further orders. 5. For the purpose of statistics, the Regular First Appeal is disposed of. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 4 Sl No.: 2 Ct.sm