- 1 - HC-KAR CNR: KAHC010433212013 NC: 2026:KHC:44034 RFA No. 1787 of 2013 AND CONNECTED MATTERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL REGULAR FIRST APPEAL NO. 1787 OF 2013 (PAR) C/W REGULAR FIRST APPEAL NO. 1788 OF 2013 (PAR) REGULAR FIRST APPEAL NO. 1813 OF 2013 (PAR) REGULAR FIRST APPEAL NO. 1814 OF 2013 (PAR) IN RFA No. 1787/2013: BETWEEN: 1. G.N. SHANTHA W/O N S DIWAKAR AGED ABOUT 47 YEARS NO.316, SHRI RAKSHA ALL HARIM EXTENSION GOPAL, SHIMOGA ALSO R/AT KOTATHATTU VILLAGE POST KOTA, UDUPI TALUK-576221. …APPELLANT (BY SRI. P.M. NAYAK, ADV.,) AND: 1. G.N. KRISHNAMOORTHI S/O LATE NAGAPPAYYA G N AGED ABOUT 53 YEARS R/O MAHALAKSHMI NIVASA KOTATHATTU VILLAGE POST KOTA-576221 UDUPI TALUK. Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010433212013 NC: 2026:KHC:44034 RFA No. 1787 of 2013 AND CONNECTED MATTERS 2. G N GANAPPAYA S/O LATE NAGAPPAYYA G N AGED ABOUT 49 YEARS R/O SHRI GANESH NILAYA 252/A, 2ND BLOCK, 3RD STAGE 3RD CROSS, BASAVESHWAR NAGAR BANGALORE-560075. …RESPONDENTS (BY SRI. GURURAJ R, ADV., FOR C/R1 SRI. N. JAGADISH BALIGA, ADV., FOR R2) THIS RFA IS FILED U/S 96 R/W ORDER 41 RULE 1 AND 2 OF CPC, AGAINST THE JUDGMENT AND DECREE DT 5.9.2013 PASSED IN O.S.NO.24/2011 ON THE FILE OF SENIOR CIVIL JUDGE, KUNDAPURA, DECREEING THE SUIT FILED FOR PARTITION AND SEPARATE POSSESSION, AND DISMISSING THE COUNTER CLAIM OF THE DEFENDANTS THEREIN & ETC. IN RFA NO. 1788/2013: BETWEEN: 1. G.N. SHANTHA AGED ABOUT 47 YEARS, W/O.N.S.DIWAKAR, NO.316, "SHRI RAKSHA" ALL-HARIM-EXTENSION, GOPAL, SHIMOGA, ALSO R/AT KOTATHATTU VILLAGE, POST:KOTA, UDUPI TALUK-576221. ...APPELLANT (BY SRI. P.M. NAYAK, ADV.,) AND: 1. G.N. KRISHNAMOORTHI AGED 53 YEARS, S/O LATE NAGAPPAYYA G.N. R/O."MAHALAKSHMI NIVASA" - 3 - HC-KAR CNR: KAHC010433212013 NC: 2026:KHC:44034 RFA No. 1787 of 2013 AND CONNECTED MATTERS KOTATHATTU VILLAGE, POST KOTA-576221, UDUPI TALUK. 2. G N GANAPPAYA AGED ABOUT 49 YEARS, S/O LATE NAGAPPAYYA G.N. R/O "SHRI GANESH NIALYA" 252/A, 2ND BLOCK, 3RD STAGE 3RD CROSS, BASAVESHWAR NAGAR BANGALORE-560075. ...RESPONDENTS (BY SRI. GURURAJ R, ADV., FOR C/R1 SRI. N. JAGADISH BALIGA, ADV., FOR R2) THIS RFA IS FILED U/SEC 96 R/W ORDER 41 RULE 1 AND 2 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 5.9.2013 PASSED IN O.S.NO.24/2011 ON THE FILE OF SENIOR CIVIL JUDGE, KUNDAPURA, DECREEING THE SUIT FILED FOR PARTITION AND SEPARATE POSSESSION & ETC. IN RFA NO. 1813/2013: BETWEEN: 1. G N GANAPPAYA AGED ABOUT 49 YEARS S/O LATE NAGAPPAYYA G N R/O SHRI GANESH NILAYA 252/A, 2ND BLOCK, 3RD STAGE 3RD CROSS, BASAVESHWAR NAGAR BANGALORE 560075. ...APPELLANT (BY SRI. JAGADISH BALIGA N, ADV.,) - 4 - HC-KAR CNR: KAHC010433212013 NC: 2026:KHC:44034 RFA No. 1787 of 2013 AND CONNECTED MATTERS AND: 1. G N KRISHNAMOORTHI AGED 53 YEARS S/O LATE NAGAPPAYYA G N R/O MAHALAKSHMI NIVASA KOTATHATTU VILLAGE POST KOTA - 576 221 UDUPI TALUK. 2. G N SHANTHA AGED ABOUT 47 YEARS W/O N S DIWAKAR NO.316, SHRI RAKSHA ALL-HARIM-EXTENSION GOPAL, SHIMOGA ALSO R/AT KOTATHATTU VILLAGE POST: KOTA UDUPI TALUK 576221. ...RESPONDENTS (BY SRI. GURURAJ R, ADV., FOR C/R1 SRI. P.M. NAYAK, ADV., FOR R2) THIS RFA IS FILED U/SEC 96 R/W ORDER 41 RULE 1 AND 2 OF CPC, AGAINST THE JUDGEMENT AND DECREE DATED 5.9.2013 PASSED IN O.S.NO.24/2011 ON THE FILE OF SENIOR CIVIL JUDGE, KUNDAPURA, DECREEING THE SUIT FILED FOR PARTITION AND SEPARATE POSSESSION & ETC. IN RFA NO. 1814/2013: BETWEEN: 1. G N GANAPPAYA AGED ABOUT 49 YEARS, S/O LATE NAGAPPAYYA G.N., R/O. SHRI GANESH NILAYA 252/A, 2ND BLOCK, - 5 - HC-KAR CNR: KAHC010433212013 NC: 2026:KHC:44034 RFA No. 1787 of 2013 AND CONNECTED MATTERS 3RD STAGE, 3RD CROSS, BASAVESHWAR NAGAR BANGALORE-560 075. ...APPELLANT (BY SRI. JAGADISH BALIGA N, ADV.,) AND: 1. G N KRISHNAMOORTHI AGED 53 YEARS, S/O LATE NAGAPPAYYA G.N. R/O "MAHALAKSHMI NIVASA", KOTATHATTU VILLAGE POST KOTA-576 221 UDUPI TALUK. 2. G.N. SHANTHA AGED ABOUT 47 YEARS, W/O N.S.DIWAKAR NO.316, 'SHRI RAKSHA' ALL-HARIM-EXTENSION GOPAL, SHIMOGA ALSO R/AT KOTATHATTU VILLAGE, POST KOTA, UDUPI TALUK-576221. ...RESPONDENTS (BY SRI. GURURAJ R, ADV., FOR C/R1 SRI. P.M. NAYAK, ADV., FOR R2) THIS RFA IS FILED U/SEC.96, R/W ORDER-41, RULE 1 AND 2 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 5.9.2013 PASSED IN O.S.NO.24/2011 ON THE FILE OF SENIOR CIVIL JUDGE, KUNDAPURA, DECREEING THE SUIT FILED FOR PARTITION AND SEPARATE POSSESSION & ETC. THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 6 - HC-KAR CNR: KAHC010433212013 NC: 2026:KHC:44034 RFA No. 1787 of 2013 AND CONNECTED MATTERS 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. 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.: 7