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2026 DAILYLAW 36206 (KAR)

H D PUSHPA v. H C PRAKASH

RFA/408/2020 · 2026-08-19

Shivashankar Amarannavar

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010518012019 NC: 2026:KHC:45148 RFA No. 408 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR REGULAR FIRST APPEAL NO. 408 OF 2020 (SP) BETWEEN: H D PUSHPA AGED ABOUT 54 YEARS W/O H DEVARAJ R/O ‘SWAMI NIVASA’ 1ST MAIN 2ND CROSS, BASAVESHWARA NAGAR SHIVAMOOGA CITY - 577 201 REPRESENTED BY HER GPA HOLDER H DEVARAJ AGED ABOUT 62 YEARS S/O LATE BASAVARAJAPPA R/O SWAMI NIVASA 1ST MAIN, 2ND CROSS, BASAVESHWARA NAGAR SHIVAMOGGA – 577 201. …APPELLANT (BY SRI. CHIDAMBARA G S, ADVOCATE) AND: H C PRAKASH AGED ABOUT 54 YEARS S/O LATE H CHANDRAPPA R/O HOLEBENAVALLI VILLAGE Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010518012019 NC: 2026:KHC:45148 RFA No. 408 of 2020 NIDIGE HOBLI, SHIVAMOGGA TALUK - 577 222. …RESPONDENT (BY SRI. VARADARAJ R HAVALDAR, ADVOCATE) THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 10.07.2019 PASSED IN OS.No.59/2015 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, SHIVAMOGGA DISMISSING THE SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT The impugned judgment is passed by the Principal Senior Civil Judge and CJM, Shivamogga. 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 - 3 - HC-KAR CNR: KAHC010518012019 NC: 2026:KHC:45148 RFA No. 408 of 2020 appeal is transferred to the Principal District Court, Shivamogga, 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 LRS List No.: 3 Sl No.: 8 Ct.sm