- 1 - HC-KAR CNR: KAHC010406652014 NC: 2026:KHC:45362 RFA No. 1693 of 2014 C/W RFA.CROB No. 12 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL REGULAR FIRST APPEAL NO.1693 OF 2014 (PAR) C/W RFA CROSS OBJECTION NO.12 OF 2018 (PAR) IN RFA No.1693/2014: BETWEEN: 1. VASUDEV S/O LATE RAMAPPA NEKAR, AGED ABOUT 47 YEARS. 2. HANUMAMMA LATE RAMAPP NEKAR, AGED ABOUT 80 YEARS. 3. VIJAYAKUMAR S/O LATE RAMAPPA NEKAR, AGED ABOUT 52 YEARS. ALL ARE R/AT GUTTUR VILLAGE HARIHAR TALUK-577601. …APPELLANTS (BY SRI. M S VARADARAJAN, ADV.,) AND: 1. SMT GANGAMMA W/O LATE GADIGEPPA, AGED ABOUT 52 YEARS. Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010406652014 NC: 2026:KHC:45362 RFA No. 1693 of 2014 C/W RFA.CROB No. 12 of 2018 2. NAGAVENI D/O LATE GADIGEPPA, AGED ABOUT 37 YEARS. 3. RADHA D/O LATE GADIGEPPA, AGED ABOUT 35 YEARS. 4. VINAYAK D/O LATE GADIGEPPA, AGED ABOUT 29 YEARS. 5. RAMESH S/O LATE GADIGEPPA, AGED ABOUT 25 YEARS. R1 TO R5 ARE R/AT GUTTUR VILLAGE HARIHAR TALUK-577217. 6. N. VENKATESH S/O NAGAPPA, AGED ABOUT 47 YEARS, OCC:BARBER, R/AT RIVER ROAD, BEHIND LAKSHMI FOUNDARY, HARLAPURA, HARIHAR-577217. 7. GIRIJAMMA W/O GANGADHARA, AGED ABOUT 51 YEARS. 8. KUMARI ARUNA D/O GANGADHARA AGED ABOUT 31 YEARS. 9. KUMARI KIRANA D/O GANGADHARA, AGED ABOUT 29 YEARS. - 3 - HC-KAR CNR: KAHC010406652014 NC: 2026:KHC:45362 RFA No. 1693 of 2014 C/W RFA.CROB No. 12 of 2018 10. VARUN S/O GANGADHARA, AGED ABOUT 27 YEARS. R7 TO R10 ARE R/AT GUTTUR VILLAGE, HARIHAR TALUK-577217. 11. SMT. MANJULA W/O GANESH, AGED ABOUT 33 YEARS, RESIDING AT DEVARAHONNALI VILLAGE, HONNALI TALUK-577217. 12. SMT. GIRIJAMMA W/O MALATHESH, AGED ABOUT 31 YEARS, RESIDING AT SRI KRISHNA KALA MANDIRA, 2ND MAIN, VINOBHANAGARA, DAVANAGERE-577006. …RESPONDENTS (BY SRI. KRISHNAMURTHY M R, ADV., FOR R1-R5 SRI. SWAMY SHIVAPRAKASH H, ADV., FOR R6 SRI. SHIVANANDA REDDY, ADV., FOR R11 & R12 R7 GIRIJAMMA SD R8 ARUNA SD R9 KIRANA SD R10 VARUN SD) THIS RFA IS FILED U/SEC.96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED:27.09.2104 PASSED IN O.S.NO.25/2009 ON THE FILE OF THE SENIOR CIVIL JUDGE, HARIHAR, DISMISSING THE SUIT FOR PARTITION AND SEPARATE POSSESSION. - 4 - HC-KAR CNR: KAHC010406652014 NC: 2026:KHC:45362 RFA No. 1693 of 2014 C/W RFA.CROB No. 12 of 2018 IN RFA CROB NO.12/2018: BETWEEN: 1. SMT. GANGAMMA W/O LATE GADIGEPPA AGED ABOUT 56 YEARS. 2. NAGAVENI D/O LATE GADIGEPPA AGED ABOUT 41 YEARS. 3. RADHA D/O LATE GADIGEPPA AGED ABOUT 39 YEARS. 4. VINAYAK S/O LATE GADIGEPPA AGED ABOUT 33 YEARS. 5. RAMESH S/O LATE GADIGEPPA AGED ABOUT 29 YEARS. ALL ARE R/AT GUTTUR VILLAGE HARIHAR - 577 601. ...CROSS OBJECTORS (BY SRI. SWAMY SHIVA PRAKASH H, ADV.,) AND: 1. SRI. VASUDEV S/O LATE RAMAPPA NEKAR AGED ABOUT 51 YEARS. 2. HANUMAMMA W/O LATE RAMAPPA NEKAR AGED ABOUT 84 YEARS. - 5 - HC-KAR CNR: KAHC010406652014 NC: 2026:KHC:45362 RFA No. 1693 of 2014 C/W RFA.CROB No. 12 of 2018 3. VIJAYAKUMAR S/O LATE RAMAPPA NEKAR AGED ABOUT 56 YEARS. R1 TO R3 ARE R/AT GUTTUR VILLAGE HARIHAR - 577 601. 4. N. VENKATESH S/O NAGAPPA, AGED ABOUT 51 YEARS, RIVER ROAD, BEHIND LAKSHMI FOUNDARY HARLAPURA, HARIHAR - 577 601. 5. GIRIJAMMA S/O NAGAPPA, AGED ABOUT 55 YEARS. 6. KUMARI ARUNA D/O GANGADHARA, AGED ABOUT 35 YEARS. 7. KUMARI KIRANA D/O GANGADHARA, AGED ABOUT 33 YEARS. 8. VARUN S/O GANGADHARA, AGED ABOUT 31 YEARS. R5 TO R8 ARE R/AT GUTTUR VILLAGE HARIHAR - 577 601. 9. MANJULA R W/O GANESH AGED ABOUT 37 YEARS DEVARAHONNALI VILLAGE HONNALI TALUK. - 6 - HC-KAR CNR: KAHC010406652014 NC: 2026:KHC:45362 RFA No. 1693 of 2014 C/W RFA.CROB No. 12 of 2018 10. GIRIJAMMA W/O MALATHESH AGED ABOUT 35 YEARS SRI KRISHNA KALA MANDIRA 2ND MAIN, VINOBHANAGARA DAVANAGERE. ...RESPONDENTS THIS RFA CROB IS FILED IN RFA NO.1693/2014 UNDER ORDER 41 RULE 22 OF CPC, AGAINST THE JUDGMENT AND DECREE DTD 27.09.2014 IN OS.NO.25/2009 ON THE FILE OF THE SENIOR CIVIL JUDGE, HARIHAR, IN SO FAR AS IT RELATES TO ISSUE NO.3 IS CONCERNED WHICH IS ANSWERED IN THE NEGATIVE. THIS RFA CONNECTED WITH RFA CROB COMING ON FOR FINAL 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 this appeal to the appropriate Court. - 7 - HC-KAR CNR: KAHC010406652014 NC: 2026:KHC:45362 RFA No. 1693 of 2014 C/W RFA.CROB No. 12 of 2018 2. For statistical purposes, the appeal is disposed of. 3. All pending applications shall be considered by the transferee Court. Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 2 Sl No.: 10