- 1 - HC-KAR CNR: KAHC010497392016 NC: 2026:KHC:45246 RFA No. 2402 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR REGULAR FIRST APPEAL NO.2402 OF 2023 (PAR) BETWEEN: SRI. MAHADEVAIAH A. S., AGED ABOUT 76 YEARS, S/O SHIVANNAIAH, AGRICULTURIST, R/A ALAGATTA VILLAGE, HOSADURGA TALUK – 577 527 …APPELLANT (BY SRI. G V DAYANANDA, ADVOCATE) AND: 1. SRI. B. C. GIRIBABU, AGED ABOUT 35 YEARS, S/O D CHINNASWAMY NAIDU 2. 2a) SRI. B. SIDDAIAH NAIDU AGED ABOUT 75 YEARS, S/O CHINNASWAMY NAIDU, DEAD BY HIS LRS SUMATHI, AGED ABOUT 47 YEARS, D/O SIDDAIAH NAIDU, W/O SRI. B. S.VIJAYAKUMAR, 3. SMT. VIJAYAMMA AGED ABOUT 56 YEARS S/O LATE MUNIRATHNAM NAIDU Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010497392016 NC: 2026:KHC:45246 RFA No. 2402 of 2023 4. SRI. B. M. PRITHVI AGED ABOUT 27 YEARS, S/O LATE MUNIRATHNAM NAIDU, 5. SRI. B. M. RAGHAVENDRA AGED ABOUT 24 YEARS, S/O LATE MUNIRATHNAM NAIDU, 6. SMT. NAGAMMA AGED ABOUT 60 YEARS, W/O LATE RAMAMURTHY NAIDU, RESPONDENTS 1 TO 6 ARE R/A BALLASAMUDRA, SRIRAMPURA HOBLI, HOSADURGA TALUK – 577 541 7. SMT. B. R. KALAVATHI AGED ABOUT 30 YEARS, S/O LATE RAMAMURTHY NAIDU S.L.ENTERPRISES, B.NARAYANAPURA, WHITEFIELD ROAD, POST: MAHADEVAPURAM BANGALORE - 560 016 8. SRI. B. R. LEELAVATHI AGED ABOUT 39 YEARS, D/O LATE RAMAMURTHY NAIDU, R/A HUCHAVVANAHALLI, JAGALUR TALUK – 577 597 9. SRI. B. R. VENKATESH AGED ABOUT 30 YEARS, S/O LATE RAMAMURTHY NAIDU 10. SRI. R. SUBRAMANYA NAIDU AGED ABOUT 58 YEARS S/O B. SIDDDAIAH NAIDU 11. SRI. LAKSHMAMMA AGED ABOUT 60 YEARS - 3 - HC-KAR CNR: KAHC010497392016 NC: 2026:KHC:45246 RFA No. 2402 of 2023 12. SMT. C KAMESHWARI AGED ABOUT 40 YEARS D/O LATE B CHINNASWAMY NAIDU RESPONDENTS 9 TO 12 ARE R/A BALLASAMUDRA, SRIRAMPURA HOBLI, HOSADURGA TALUK – 577 527 13. S. B. PRAKASH AGED ABOUT 48 YEARS, S/O S. G. BHASKAR COPRA MERCHANTS CORONATION ROAD TIPTUR, TUMKUR DIST – 572 201 14. BAKKAMMA AGED ABOUT 85 YEARS 20-3-9/22B, SHIVAJTHINAGAR TIRUPATHI, ANDHRAPRADESH. …RESPONDENTS (BY SRI. GOPALAKRISHNAMURTHY C, ADVOCATE FOR R1) THIS RFA IS FILED UNDER SECTION 100 OF CPC PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 09.01.2015 PASSED IN O.S NO.40/2003 ON THE FILE OF THE ITINERARY SENIOR CIVIL JUDGE AT HOSADURGA ONLY CONCERNED TO THE SUIT SCHEDULE A ITEMS 12 TO 15 ONLY IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR - 4 - HC-KAR CNR: KAHC010497392016 NC: 2026:KHC:45246 RFA No. 2402 of 2023 ORAL JUDGMENT The impugned judgment is passed by the Senior Civil Judge, Hosadurga. 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, Chitradurga 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 along with trial Court records to the said Court. 4. Interim order granted earlier, if any, is extended till further orders. - 5 - HC-KAR CNR: KAHC010497392016 NC: 2026:KHC:45246 RFA No. 2402 of 2023 5. For the purpose of statistics, the Regular First Appeal is disposed of. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 4 Sl No.: 0