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2026 DAILYLAW 36201 (KAR)

H T KEMPEGOWDA v. SMT PUTTAMMA S S

RFA/1164/2020 · 2026-08-17

Shivashankar Amarannavar

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Judgment text

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- 1 - HC-KAR CNR: KAHC010168602020 NC: 2026:KHC:44013 RFA No. 1164 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. 1164 OF 2020 (PAR/POS) BETWEEN: 1. H T KEMPEGOWDA S/O LATE THIMMEGOWDA SINCE DEAD REPRESENTING BY HIS LRS SMT. LAKSHMAMMA W/O LATE H T KEMPEGOWDA AGED ABOUT 85 YEARS DEAD- A2 TO A6 ARE LRS OF A1 2. SMT. H K RATHNA W/O DR RAMADAS D/O LATE H T KEMPEGOWDA AGED ABOUT 64 YEARS. 3. SMT. H K SUNANDA W/O NARAYANA D/O LATE H T KEMPEGOWDA AGED ABOUT 62 YEARS 4. H K MANJUNATHA S/O LATE H T KEMPEGOWDA AGED ABOUT 60 YEARS 5. H K MAHENDRA S/O LATE H T KEMPEGOWDA AGED ABOUT 50 YEARS 6. H K DHANANJAYA Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010168602020 NC: 2026:KHC:44013 RFA No. 1164 of 2020 S/O LATE H T KEMPEGOWDA AGED ABOUT 58 YEARS, RESIDING AT HARAVU (V) PANDAVAPURA (T) MANDYA (D) CHINAKURALI (H) – 571 427. …APPELLANTS (BY SRI. RAGHU PRASAD B S, ADVOCATE V/O DTD. 10.06.2026, A2 TO A6 ARE TREATED AS LR’S OF DECEASED A1) AND: 1. SMT. PUTTAMMA S S W/O LATE H L NARAYANAGOWDA AGED ABOUT 82 YEARS, 2. SMT. KAMALAMMA N W/O LATE SHANKAR D/O LATE H L NARAYANAGOWDA AGED ABOUT 66 YEARS, R/O D NO.1750 6TH MAIN 6TH CROSS JUDICIAL LAYOUT G K V K POST YELAHANKA BANGALORE-65. 3. SATYAPRIYA GOWDA N S/O LATE H L NARAYANAGOWDA AGED ABOUT 60 YEARS, R/O D NO.79/2 2ND FLOOR MARIYAPPANA PALYA JNANABHARATHI POST BANGALORE. 4. SMT. RATNAMMA N W/O JAYANNA D T O D/O LATE H L NARAYANAGOWDA AGED ABOUT 58 YEARS, R/O K.S.R.T.C. COLONY UTTARAHALLI BANGALORE. - 3 - HC-KAR CNR: KAHC010168602020 NC: 2026:KHC:44013 RFA No. 1164 of 2020 5. SMT. RAMA N W/O H N NAGARAJU D/O LATE H L NARAYANAGOWDA AGED ABOUT 56 YEARS, R/O 1 CROSS, V P BADAVANE CHITRADURGA. 6. SMT. GEETHA N W/O RAJU H C D/O LATE H L NARAYANAGOWDA AGED ABOUT 54 YEARS, R/O HONAKERE VILLAGE AND POST MADDURU TALUK MANDYA DISTRICT. 7. SMT. NARASAMMA W/O LATE LAKSHMEGOWDA D/O LATE D LAKSHMEGOWDA AGED ABOUT 83 YEARS, SINCE DEAD REPRESENTING BY HER LRS H L KRISHNAMURTHY S/O LATE SMT. NARASAMMA AND LATE LAKSHMEGOWDA AGED ABOUT 69 YEARS, RESIDENT OF CHANDRA LAYOUT PANDAVAPURA (T) MANDYA (D) – 571 434. 8. SMT. PREMA W/O LATE H L SHIVANNA AGED ABOUT 60 YEARS. 9. H S VARUN S/O LATE H L SHIVANNA AGED ABOUT 40 YEARS. 10. SMT. H S LAVANYA D/O LATE H L SHIVANNA AGED ABOUT 37 YEARS. - 4 - HC-KAR CNR: KAHC010168602020 NC: 2026:KHC:44013 RFA No. 1164 of 2020 11. H S GOWTHAM S/O LATE H L SHIVANNA AGED ABOUT 34 YEARS, DEAD AND NO LEGAL HEIRS. 12. SMT. SUSHEELA W/O CHIKKEGOWDA D/O LATE SMT. NARASAMMA AND LATE LAKSHMEGOWDA AGED ABOUT 65 YEARS. 13. H L PRAKASH S/O LATE SMT. NARASAMMA AND LATE LAKSHMEGOWDA AGED ABOUT 63 YEARS. 14. H L SURESH S/O LATE SMT. NARASAMMA AND LATE LAKSHMEGOWDA AGED ABOUT 53 YEARS, R/AT HARAVUGRAMA CHINNAKURLI (H) PANDAVAPURA (T) MANDYA (D). 15. SMT. DEVAMMA W/O H L THIMMEGOWDA AGED ABOUT 73 YEARS. 16. MUKUNDA S/O H L THIMMEGOWDA AED ABOUT 54 YEAR RESPONDENT No.15 AND 16 RESIDING AT HARAVUGRAMA CHINNAKURALI (H) PANDAVAPURA (T) MANDYA. 17. SMT. LATHA W/O RAMAKRISHNA D/O LATE H L THIMMEGOWDA AGED ABOUT 50 YEARS, R/O COORGALLI VILLAGE - 5 - HC-KAR CNR: KAHC010168602020 NC: 2026:KHC:44013 RFA No. 1164 of 2020 YELWALA HOBLI MYSURU TALUK -571 130. 18. H L MAHALINGEGOWDA S/O LATE D LAKSHMEGOWDA AGED ABOUT 79 YEARS, R/AT HARAVUGRAMA CHINNAKURALI (H) PANDAVAPURA (T) MANDYA (D) – 571 455. 19. RAVI S/O LATE JAVARAYEEGOWDA AND LATE SMT MANJULA AGED ABOUT 34 YEARS. 20. SMT. LATHA W/O NAGENDRA D/O LATE NARAYANAGOWDA AGED ABOUT 48 YEARS, R/O KYATHANAHALLI KASABA (H) PANDAVAPURA (T) MANDYA (DIST) – 571 427. 21. SMT. NAGAMANI W/O LATE LAKSHMEGOWDA AGED ABOUT 82 YEARS DEAD AND NO LEGAL HEIRS. 22. SMT. PREMA W/O VENKATESH D/O LATE LAKSHMEGOWDA AGED ABOUT 51 YEARS. 24. SMT. PRABHA W/O SWAMIGOWDA D/O LATE LAKSHMEGOWDA AGED ABOUT 49 YEARS. RESPONDENT No.21 TO 23 ARE RESIDING AT D No.2383, 4TH MAIN - 6 - HC-KAR CNR: KAHC010168602020 NC: 2026:KHC:44013 RFA No. 1164 of 2020 4TH CROSS, VINAYAKANAGAR MYSORE. 25. SMT. CHANCHALA W/O NAGARAJU D/O LATE LAKSHMEGOWDA AGED ABOUT 37 YEARS. 26. SMT. EERAMMA W/O LATE MAHALINGEGOWDA AGED ABOUT 78 YEARS, SINCE DEAD BY LRS RESPONDENT No.26. 27. SHANKAREGOWDA S/O LATE MAHALINGEGOWDA AGED ABOUT 56 YEARS. 28. SMT. BHAGYAMMA W/O LATE PRABHAKARA AGED ABOUT 48 YEARS, 29. SMT. ASHWINI W/O MANJUNATHA D/O LATE PRABHAKARA AGED ABOUT 29 YEARS 30. AVINASH S/O LATE PRABHAKARA AGED ABOUT 27 YEARS 31. SMT PUTTAMMA W/O GOPAL D/O LATE MAHALINGEGOWDA AGED ABOUT 52 YEARS, R/O KYATHANAHALLI KASABA (H) PANDAVAPURA (T) MANDYA (D) – 571 427. 32. KRISHNA S/O LATE MAHALINGEGOWDA AGED ABOUT 49 YEARS. - 7 - HC-KAR CNR: KAHC010168602020 NC: 2026:KHC:44013 RFA No. 1164 of 2020 33. SMT. RATHNA W/O LATE JAYARAM D/O LATE MAHALINGEGOWDA AGED ABOUT 46 YEARS, R/O ARAKERE SRIRANGAPATNA (T) MANDYA DISTRICT – 571 415. 34. KEMPEGOWDA S/O LATE MAHALINGEGOWDA AGED ABOUT 44 YEARS. 35. CHIKKEGOWDA S/O LATE KEMPEGOWDA SINCE DEAD BY HIS LRS SMT. ANKAMMA W/O LATE CHIKKEGOWDA AGED ABOUT 70 YEARS. 36. H C DHANANJAYA S/O LATE CHIKKEGOWDA AGED ABOUT 49 YEARS. 37. SMT. H C JYOTHI D/O LATE CHIKKEGOWDA AGED ABOUT 44 YEARS. 38. SRINIVASEGOWDA S/O LATE KEMPEGOWDA AGED ABOUT 73 YEARS. 39. SMT. JAYAMMA W/O LATE NAGARAJU AGED ABOUT 66 YEARS. DEAD AND NO LEGAL HEIRS 40. ASHIKA S S/O LATE NAGARAJU AGED ABOUT 45 YEARS. - 8 - HC-KAR CNR: KAHC010168602020 NC: 2026:KHC:44013 RFA No. 1164 of 2020 41. SMT. YASHODHA W/O DEVARAJU D/O LATE NAGARAJU AGED ABOUT 41 YEARS, R/AT KARIMUDDANAHALLI BILIKERE HOBLI HUNSUR TALUK. 42. SMT. JANAKAMMA W/O LATE BOREGOWDA D/O LATE THIMMEGOWDA AGED ABOUT 80 YEARS, R/O D NO.151 2ND MAIN 2ND CROSS, GOKULAM MYSORE – 570 002. …RESPONDENTS (BY SRI R1,R2,R5,R7,R8,R9,R10,R12,R13,R14,R15,R16,R17, R18(a),R18(b),R19,R20,R22,R24,R26,R27,R28,R29, F30,R33,R34,R35,R36,R37,R40,R41 ARE SERVED. V/O DTD. 10.06.2026, R26 IS THE LR F DECEASED R25 V/O DTD. 10.06.2026, DECEASED R11, R21 & R38 ARE NOT HAVING AY LR’S) THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 28.11.2019 PASSED IN OS.No.14/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, PANDAVAPURA PARTLY DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION. THIS APPEAL COMING ON FOR FURTHER 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 and JMFC, Pandavapura. - 9 - HC-KAR CNR: KAHC010168602020 NC: 2026:KHC:44013 RFA No. 1164 of 2020 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, Mandya, 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. For the purpose of statistics, the Regular First Appeal is disposed of. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 2 Sl No.: 5 Ct.sm