- 1 - HC-KAR CNR: KAHC010535732013 NC: 2026:KHC:44030 R.F.A. No.1493/2013 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.1493/2013 (DEC/INJ) BETWEEN: 1. SRI. KALAIAH AGED ABOUT 63 YEARS. 2. SRI. SHIVANNA AGED ABOUT 55 YEARS. 3. SRI. SWAMY AGED ABOUT 50 YEARS. ALL ARE SONS OF LATE PANEERAIAH R/AT. MUTTUR VILLAGE, KASABA HOBLI PERIYAPATNA TALUK MYSORE DISTRICT. …APPELLANTS (BY SRI. M. SHIVAPRAKASH, ADV.,) AND: 1. SRI. D. SOMASHEKHARAIAH S/O LATE PATEL DODDAPPA AGED ABOUT 65 YEARS. 2. SRI. D. RAJAPPA S/O LATE PATEL DODDAPPA AGED ABOUT 63 YEARS. 3. SRI. SHIVANANDA S/O SRI SHIVAPPA AGED ABOUT 39 YEARS. Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010535732013 NC: 2026:KHC:44030 R.F.A. No.1493/2013 4. SRI. N.C. VISHWANATH S/O N.C. CHIKKAPPAJI AGED ABOUT 39 YEARS. 5. SRI.N.R.SHIVASHANKARA S/O D.RAJAPPA AGED ABOUT 29 YEARS. 6. SRI RAJAPPA S/O CHANNAPPA AGED ABOUT 53 YEARS. R/AT NO.10, 2ND MAIN KALYANA NAGAR, MUDDALAPALYA, NAGARABHAVI MAIN ROAD, BANGALORE-560 072. DEFENDANTS NO.1 TO 6 ARE R/AT NARALAPURA, KASABA HOBLI PERIYAPATNA TALUK. 7. SRI SIDDAIAH S/O LATE RACHAIAH, AGED ABOUT 69 YEARS. 8. SRI SIDDAIAH S/O LATE PANEERAIAH, AGED ABOUT 43 YEARS. 9. SRI MARIDEVA S/O LATE PANEERAIAH, AGED ABOUT 43 YEARS. 10. SRI RACHAIAH AGED ABOUT 56 YEARS. 11. SRI SANNAIAH AGED ABOUT 51 YEARS. - 3 - HC-KAR CNR: KAHC010535732013 NC: 2026:KHC:44030 R.F.A. No.1493/2013 12. SRI BILIYAIAH AGED ABOUT 49 YEARS. 13. SRI.KALAPPA AGED ABOUT 43 YEARS. 14. SRI SIDDAIAH AGED ABOUT 38 YEARS. R7 TO R14 ARE SONS OF LATE ERAIAH RESIDING AT MUTTUR VILLAGE KASABA HOBLI, PERIYAPATNA TALUK MYSORE DISTRICT. …RESPONDENTS (BY SRI. SUNEEL S. NARAYAN, ADV., FOR R1 TO R5 R8, R9, R10, R11, R13, R14 ARE SERVED V/O/DTD:14.10.2015 APPEAL AGAINST R6, R7 & R12 IS DISMISSED AS ABATED) THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 19.11.2012 PASSED IN O.S.NO.1/2010 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC., HUNSUR, DISMISSING THE SUIT FOR DECLARATION AND PERMANENT INJUNCTION & ETC. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: 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 - 4 - HC-KAR CNR: KAHC010535732013 NC: 2026:KHC:44030 R.F.A. No.1493/2013 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.: 6