- 1 - HC-KAR CNR: KAHC010167052020 NC: 2026:KHC:44472 RFA No. 828 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR REGULAR FIRST APPEAL NO. 828 OF 2020 (DEC) BETWEEN: M.V. VENKATAPATHI S/O MUNIYAPPA AGED ABOUT 56 YEARS AGRICULTURIST R/AT ANEHALLI, HAGALAVADI HOBLI GUBBI TALUK, TUMKUR-572216. …APPELLANT (BY SRI. GURURAJ R., ADVOCATE FOR SRI. VIGHNESHWAR S. SHASTRI, SENIOR COUNSEL) AND: 1. THIMMAIAH S/O LATE DASAPPA AGED ABOUT 69 YEARS R/O HAGALAVADI VILLAGE GUBBI TALUK TUMKUR-572216. 2. SMT. JAYAMMA W/O LATE GOPALAIH AGED ABOUT 51 YEARS R/O KOWSHIKA SHANTHI GRAMA HOBLI HASSAN DISTRICT-573220. 3. GOVARDHAN S/O LATE GOPALAIAH AGED ABOUT 39 YEARS R/O BHUVANAHALLI Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010167052020 NC: 2026:KHC:44472 RFA No. 828 of 2020 KASABA HOBLI HASSAN DISTRICT-573220. 4. RANJITHA D/O LATE GOPALAIAH AGED ABOUT 37 YEARS R/O CHODENAHALLI CHANNARAYAPATTANA TALUK HASSAN DISTRICT-573220. 5. VIJAYKUMAR S/O LATE GOPALAIAH AGED ABOUT 34 YEARS R/O KOWSHIKA SHANTHI GRAMA HOBLI HASSAN DISTRICT-573220. H K SHIVANNA DEAD BY HIS LRS 6. S SHARADAMMA W/O LATE H.K. SHIVANNA AGED ABOUT 61 YEARS R/AT KAREHALLI VILLAGE HOSADURGA TALUK CHITRADURGA-577527. 7. S SIDDALINGASWAMY S/O LATE H.K. SHIVANNA AGED ABOUT 51 YEARS R/AT KAREHALLI VILLAGE HOSADURGA TALUK CHITRDURGA-577527. 8. S. KUMAR S/O LATE H.K. SHIVANNA AGED ABOUT 46 YEARS R/AT KAREHALLI VILLAGE HOSADURGA TALUK CHITRADURGA-577527. - 3 - HC-KAR CNR: KAHC010167052020 NC: 2026:KHC:44472 RFA No. 828 of 2020 9. RADHAMMA D/O LATE H.K. SHIVANNA AGED ABOUT 36 YEARS R/AT KAREHALLI VILLAGE HOSADURGA TALUK CHITRADURGA-577527. 10. S. ANITHA W/O S. KUMAR AGED ABOUT 34 YEARS R/AT KAREHALLI VILLAGE HOSADURGA TALUK CHITRADURGA-577527. …RESPONDENTS (BY SRI. M.B. CHANDRA CHOODA, ADVOCATE FOR R1 TO R5; R6, R7, R9 & R10 ARE SERVED BUT UNREPRESENTED) THIS RFA IS FILED UNDER SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 24.01.2020 PASSED IN OS NO.4/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE, AT GUBBI DECREEING THE SUIT FOR DECLARATION. 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 Senior Civil Judge, Gubbi. 2. In view of the Karnataka Civil Courts (Amendment) Act, 2023 and the Karnataka High Court - 4 - HC-KAR CNR: KAHC010167052020 NC: 2026:KHC:44472 RFA No. 828 of 2020 (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, Tumakuru, 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 CT:SM List No.: 4 Sl No.: 4