- 1 - HC-KAR CNR: KAHC010516952019 NC: 2026:KHC:44470 RFA No. 518 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. 518 OF 2020 (DEC) BETWEEN: 1. SMT. JAHIDA w/O LATE ALLAH BAKSH AGED ABOUT 74 YEARS R/O ASHOKA NAGARA, 6TH CROSS, SHIVAMOGGA – 577 201. 2. JABIULLA S/O LATE ALLAH BAKSH AGED ABOUT 54 YEARS R/O ASHOKA NAGARA, 6TH CROSS, SHIVAMOGGA – 577 201. 3. SADIQ S/O LATE ALLAH BAKSH AGED ABOUT 41 YEARS R/O ASHOKA NAGARA, 6TH CROSS, SHIVAMOGGA – 577 201. 4. AKHILA D/O LATE ALLAH BAKSH AGED ABOUT 49 YEARS R/O SMENAKOPPA SHIVAMOOGA- 577 201. 5. SMT. SHAMIM D/O LATE ALLAH BAKSH W/O JAVEED AGED ABOUT 46 YEARS R/O 6TH CROSS, ASHOKA NAGARA, SHIVAMOGGA – 577 201. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010516952019 NC: 2026:KHC:44470 RFA No. 518 of 2020 6. SMT. SHAKIRA D/O LATE ALLAH BAKSH W/O REHMAN AGED ABOUT 59 YEARS ALL ARE REPRESENTED BY THEIR GPA HOLDER DADAPEER S/O LATE ABDUL SAB AGED ABOUT 42 YEARS R/O CHANNEL AREA, MALAVAGOPPA SHIVAMOGGA-577 201. …APPELLANTS (BY SRI. R GOPAL, ADVOCATE) AND: 1. SMT. LALITHA B W/O LATE DAMODAR AGED ABOUT 44 YEARS 2. LEELADHAR S/O LATE DAMODAR AGED ABOUT 28 YEARS BOTH THE RESPONDENT NOS.1 AND 2 ARE R/O ANDRA SAHUKARA THOTADA MANE, REDDI CAMP SOGANE NIDHIGE HOBLI, SHIVAMOGGA-577 201 PRESENTLY R/O “SRI JAYAPADMA” WARD NO.29, RAJAPPA LAYOUT JANNAPURA, BHADRAVATHI-577 301. 3. LIKHITHA D/O LATE DAMODAR AGED ABOUT 28 YEARS - 3 - HC-KAR CNR: KAHC010516952019 NC: 2026:KHC:44470 RFA No. 518 of 2020 EARLIER R/O ANDHRA SAHUKARA THOTADA MANE, REDDI CAMP SOGANE NIDHIGE HOBLI, SHIVAMOGGA-577 201 NOW R/O. NO.21, DOOR NO.60/2 BEHIND VINAYAKA TEMPLE KSRTC LAYOUT, UTTARAHALLI BANGALORE–560 001. …RESPONDENTS (BY SRI. P.N. HARISH, ADVOCATE FOR C/R1 TO R3) THIS RFA IS FILED UNDER SECTION 96 R/W. ORDER 41 RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 08.08.2019 PASSED IN OS NO.165/2015 ON THE FILE OF THE I ADDL. SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, AT SHIVAMOGGA DISMISSING THE SUIT FOR DECLARATION AND PERMANENT INJUNCTION. 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 I Additional 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 - 4 - HC-KAR CNR: KAHC010516952019 NC: 2026:KHC:44470 RFA No. 518 of 2020 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, Shviamogga, 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 CT:SM List No.: 4 Sl No.: 1