Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR
CNR: KAHC010101612020 NC: 2026:KHC:43932 RFA No. 1029 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. 1029 OF 2020 (PAR) BETWEEN:
GERTY SUVARNA W/O SHIVANANDA SUVARNA AGED ABOUT 70 YEARS R/O No.702, PLAMA OCENAIC APARTMENTS BEJAI MANGALORE-575 004.
…APPELLANT (BY SRI. JAYAPRAKASH R V, ADVOCATE)
AND:
1.
A M PRABHU S/O LATE DR. G M PRABHU AGED ABOUT 68 YEARS R/O MALLANDUR ROAD CHIKKAMAGALURU CHIKKAMAGALURU DISTRICT PIN-577 101.
2.
MRS BLOSSOM FERNANDEZ W/O OSCAR FERNANDEZ AGED ABOUT 62 YEARS R/O No.2109, INLAND WINSOR 21ST FLOOR, MARY HILL BANGALORE-560 001.
Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR
CNR: KAHC010101612020 NC: 2026:KHC:43932 RFA No. 1029 of 2020
3.
MRS. ROSE MARY MATHIAS PRABHU D/O LATE DR G M PRABHU AGED ABOUT 57 YEARS, C/O SISTER OF COMPASSION OUR LADY LIGHT (SNEHA JYOTHI) ANCHEPALYA MYSORE ROAD, KUMBAGODU POST BANGALORE-560 006.
…RESPONDENTS
THIS RFA IS FILED UNDER SECTION 96 OF THE CPC, AGAINST THE JUDGMENT AND DECREE DATED 14.11.2019 PASSED IN O.S.No.44/2018 ON THE FILE OF THE I ADDL.
SENIOR CIVIL JUDGE, CHIKKMAGALURU, DISMISSING THE SUIT FOR PARTITION AND SEPARATE POSSESSION.
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 I Additional Senior Civil Judge, Chikkamagaluru.
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
- 3 -
HC-KAR
CNR: KAHC010101612020 NC: 2026:KHC:43932 RFA No. 1029 of 2020
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, Chikkamagaluru, 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. For the purpose of statistics, the Regular First Appeal is disposed of.
Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE
LRS List No.: 3 Sl No.: 2 Ct.sm