- 1 - HC-KAR CNR: KAHC010172032020 NC: 2026:KHC:43925 RFA No. 1090 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR REGULAR FIRST APPEAL No. 1090 OF 2020 (DEC/POS) BETWEEN: VENKATESHA AGED ABOUT 68 YEARS, S/O VENKATEGOWDA RESIDING AT BOOCHAHALLI VILLAGE BILIKERE HOBLI, HUNSUR TALUK MYSORE DISTRICT-571 103. …APPELLANT (BY SRI. Y K NARAYANA SHARMA, ADVOCATE) AND: 1. SRI HABIB SAB AGED ABOUT 72 YEARS S/O LATE ABDUL WAHAB SAB RESIDING AT MANUGANAHALLI VILLAGE BILIKERE HOBLI, HUNSUR TALUK MYSORE DISTRICT-571 103. 2. SMT. THAHEERA AGED ABOUT 58 YEARS D/O LATE ABDUL WAHEB SAB RESIDING AT No.2710 MAIN ROAD, 2ND CROSS 1ST STAGE, MADEGOWDA CIRCLE RAJIVA NAGAR MYSORE-570 019. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010172032020 NC: 2026:KHC:43925 RFA No. 1090 of 2020 3. SRI VENKATESHA AGED ABOUT 58 YEARS S/O VENKATEGOWDA. 4. SRI KARIGOWDA AGED ABOUT 48 YEARS S/O VENKATEGOWDA. 5. SRI RAJU AGED ABOUT 43 YEARS S/O VENKATEGOWDA. No.3 TO 5 ARE RESIDING AT MANUGANAHALLI VILLAGE BILIKERE HOBLI, HUNSUR TALUK MYSORE DISTRICT-571 103. 6. SRI SHIVEGOWDA AGED ABOUT 58 YEARS S/O VENKATEGOWDA. 7. SRI GOVINDEGOWDA AGED ABOUT 50 YEARS S/O VENKATEGOWDA. No.6 AND 7 ARE RESIDING AT MANUGANAHALLI VILLAGE BILIKERE HOBLI, HUNSUR TALUK MYSORE DISTRICT-571 103. 8. SMT. MANJULA AGED ABOUT 47 YEARS W/O LATE GOVINDEGOWDA MANUGANAHALLI VILLAGE BILIKERE HOBLI, HUNSUR TALUK MYSORE DISTRICT-571 103. SINCE DECEASED LEGAL REPRESENTATRES ARE’ No.9 TO 10. - 3 - HC-KAR CNR: KAHC010172032020 NC: 2026:KHC:43925 RFA No. 1090 of 2020 9. SMT. SOWMYA AGED ABOUT 32 YEARS W/O SRI RANGASWAMY D K KOPPALU VILLAGE HEBBALUR HOBLI K .R. NAGAR TALUK-571 601. 10. SMT. SANDYA AGED ABOUT 30 YEARS, W/O SRI SURESH HEBBALU VILLAGE AND HOBLI K .R NAGAR TALUK-571 601. 11. SRI HANEEF SAB AGED ABOUT 70 YEARS S/O LATE ABDUL WAHAB SAB. 12. SRI MARIGOWDA AGED ABOUT 65 YEARS S/O SRI NINGEGOWDA No.11 AND 12 ARE RESIDING AT MANUGANAHALLI VILLAGE BILIKERE HOBLI, HUNSUR TALUK MYSORE DISTRICT-571 103. …RESPONDENTS (BY SRI. UMESHA MURTHY J M, ADVOCATE FOR R1 &R2 R3, R4, R5, R6, R9, R10 & R12 ARE SERVED & UNREPRESENTED, V/O DTD. 5.6.2026 NOTICE TO LRS OF DECEASED R11 IS D/W. V/O DTD. 5.6.2026, R9 & R10 ARE TREATED AS LRS DECEASED R8. R7-DECEASED AS PER CAUSE TITLE)) THIS RFA IS FILED UNDER SECTION 96 R/W ORDER XLI RULE 1 OF THE CPC, AGAINST THE JUDGMENT AND DECREE DATED: 25.11.2019 PASSED IN O.S.No.12/2012 ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE AND JMFC, HUNSUR, - 4 - HC-KAR CNR: KAHC010172032020 NC: 2026:KHC:43925 RFA No. 1090 of 2020 PARTLY DECREEING THE SUIT FOR DECLARATION, POSSESSION AND PERMANENT INJUNCTION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT The impugned judgment is passed by the Additional Senior Civil Judge and JMFC, Hunsur. 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, Mysuru, for disposal of the case in accordance with law. Pending I.A.s, if any, are also ordered to be transferred. - 5 - HC-KAR CNR: KAHC010172032020 NC: 2026:KHC:43925 RFA No. 1090 of 2020 3. Registry is directed to send the appeal papers along with trial Court records to the said Court. 4. For the purpose of statistics, the Regular First Appeal is disposed of. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 3 Sl No.: 9 Ct.sm