- 1 - HC-KAR CNR: KAHC010092412013 NC: 2026:KHC:43613 RFA No. 195 of 2013 C/W RFA.CROB No. 15 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL REGULAR FIRST APPEAL NO. 195 OF 2013 (PAR) C/W RFA CROSS OBJECTION NO. 15 OF 2020 IN RFA No. 195/2013 BETWEEN: 1. SMT. SWARNA, W/O B. A. ASHWATHANARAYANA SHETTY, AGED ABOUT 62 YEARS, R/AT NO 339, BAZAAR ROAD, KENGERI, BANGALORE - 560 060. 2. 2(A) 2(B) SMT. SUKUNYA PANDURGANA, W/O D. V. PANDURANGA, SINCE DEAD BY LRS., SRI. D.P. BHARATH ARYA, S/O LATE D.P.PANDURANGA AND SUKANYA PANDURANGA, AGED ABOUT 45 YEARS. SRI. D.P. BHASKAR, S/O LATE D.P.PANDURANGA AND SUKANYA PANDURANGA, AGED ABOUT 51 YEARS. Digitally signed by ANNAPURNA G Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010092412013 NC: 2026:KHC:43613 RFA No. 195 of 2013 C/W RFA.CROB No. 15 of 2020 BOTH ARE RESIDING AT "SRI SNEHAVARUNI", O.T.F. EXTENSION, NEAR RAILWAY STATION, KOLAR - 563 101. …APPELLANTS (BY SRI. M. S. NAGARAJA, ADVOCATE FOR APPELLANT NO.1 SRI. N. M. PRUTHVIRAJ, ADVOCATE FOR LRS OF APPELLANT NO.2) AND: 1. SMT. SEETHALAKSHMI, W/O LATE SHIVARAMASHETTY, AGED ABOUT 75 YEARS, 2. SRI RADHA, W/O D. N. SATHYANARAYANA SHETTY, AGED ABOUT 45 YEARS, 3. SRI D. N. SATHYANARAYANA SHETTY, S/O D. S. NANJUNDA SHETTY, AGED ABOUT 61 YEARS, 4. SRI ANJANKUMAR, S/O D. N. SATHYANARAYANA SHETTY, AGED ABOUT 32 YEARS. RESPONDENT NOS.1 TO 4 ARE R/AT: NO.1550, 2ND CROSS, V V ROAD, VIDYANAGARA, MANDYA TOWN. …RESPONDENTS (BY SRI. SHARATH GOWDA G.B, ADVOCATE FOR R2 TO R4) - 3 - HC-KAR CNR: KAHC010092412013 NC: 2026:KHC:43613 RFA No. 195 of 2013 C/W RFA.CROB No. 15 of 2020 THIS RFA IS FILED UNDER ORDER 41 RULE 1 R/W SEC. 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 06.11.2012 PASSED IN O.S.NO.203/2007 ON THE FILE OFTHE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, MANDYA, DISMISSING THE SUIT FOR PARTITION AND SEPARATE POSSESSION AND ETC., IN RFA.CROB NO. 15/2020 BETWEEN: 1. SMT. SEETHALAKSHMI, W/O LATE SHIVARAM SHETTY, AGED ABOUT 84 YEARS, R/AT: NO.1550, 2ND CROSS, VV ROAD, VIDYANAGAR, MANDYA TOWN - 571 401. 2. SRI. RADHA, W/O D.N. SATHYANARAYANA SHETTY, AGED ABOUT 54 YEARS, R/AT: NO.1550, 2ND CROSS, V.V.ROAD, VIDYANAGAR, MANDYA TOWN - 571 401. 3. SRI.D.N.SATHYANARAYANA SHETTY, S/O D.S.NANJUNDA SHETTY, AGED 70 YEARS, R/AT: NO.1550, 2ND CROSS, VV ROAD, VIDYANAGAR, MANDYA TOWN - 571 401. - 4 - HC-KAR CNR: KAHC010092412013 NC: 2026:KHC:43613 RFA No. 195 of 2013 C/W RFA.CROB No. 15 of 2020 4. SRI. ANJAN KUMAR, S/O D.N.SATHYANARAYANA SHETTY, AGED ABOUT 41 YEARS, R/AT: NO.1550, 2ND CROSS, VV ROAD, VIDYANAGAR, MANDYA TOWN - 571 401. ...CROSS-OBJECTORS (BY SRI. SHARATH GOWDA G B., ADVOCATE) AND: 1. SMT. SWARNA, W/ B.A.ASHWATHANARAYANA SHETTY, AGED 71 YEARS, R/AT: NO.339, BAZAAR ROAD, KENGERI, BANGALORE - 560 060. 2. 3. SMT. SUKUNYA PANDURGANA, W/O D. V. PANDURANGA, AGED ABOUT 59 YEARS, SRI SNEHA VASAVI DTP EXTENSION, NEAR RAILWAY STATION, KOLAR - 563 160. SRI. D.P. BHARATH @ BHARATH ARYA, S/O LATE SUKANYA PANDURANGA, AGED ABOUT 45 YEARS. SRI. D.P. BHASKAR, S/O LATE SUKANYA PANDURANGA, AGED ABOUT 51 YEARS. BOTH ARE RESIDING AT "SRI SNEHAVARUNI", O.T.F. EXTENSION, - 5 - HC-KAR CNR: KAHC010092412013 NC: 2026:KHC:43613 RFA No. 195 of 2013 C/W RFA.CROB No. 15 of 2020 NEAR RAILWAY STATION, KOLAR - 563 101. ...RESPONDENTS (BY SRI. M. S. NAGARAJA., ADVOCATE V/O DTD 8.12.2022 CROSS OBJECTOR NO.2 AND R1 TO R3 ARE LRS OF DECEASED CROSS OBJECTOR NO.1) THIS RFA.CROB IS FILED UNDER ORDER 41 RULE 22 OF CPC 1908 TO MODIFY THE JUDGMENT AND DECREE DATED 06.11.2012 PASSED IN OS.No.203/2007 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE, MANDYA, IN SO FOAR AS ITS FINDING ON ISSUE Nos. 1,4, 5, 6 AND ADDITIONAL ISSUES Nos. 1 TO 6. WHEREIN, ISSUE No. 1 IS ANSWERED IN PARTLY AFFIRMATIVE, ISSUE No.4 IS ANSWERED IN AFFIRMATIVE, ISSUE No. 5 AND 6 IS ANSWERED IN NEGATIVE AND ADDITIONAL ISSUE Nos. 1,TO 6 ARE ANSWERED IN AFFIRMATIVE, ADDITIONAL ISSUE Nos.3,4 AND 5 ARE ANSWERED IN NEGATIVE. CROSS OBJECTOR PRAYS TO ANSWER THE SAID ISSUES IN FAVOUR OF HIMSELF. HOWEVER THE SUIT IS DISMISSED AND ETC., - 6 - HC-KAR CNR: KAHC010092412013 NC: 2026:KHC:43613 RFA No. 195 of 2013 C/W RFA.CROB No. 15 of 2020 RFA AND RFA CROB, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT In view of the judgment rendered by the Division Bench of this Court in WP.No.17588/2024 c/w WA.No.200260/2025 dated 08.07.2026, which is affirmed by the Hon'ble Supreme Court in SLP(C).No.025075/2026 dated 03.08.2026, the Registry is directed to take steps to transfer these appeals to the appropriate Court. 2. For statistical purposes, the appeals are disposed of. 3. All pending applications shall be considered by the transferee Court. Sd/- (VIJAYKUMAR A. PATIL) JUDGE SHS/List No.: 2 Sl No.: 4