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2026 DAILYLAW 36365 (KAR)

SRI CHIKKABASAPPA v. H P NANJUNDAPPA

RFA/1396/2020 · 2026-08-19

Shivashankar Amarannavar

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Judgment text

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- 1 - HC-KAR CNR: KAHC010174092020 NC: 2026:KHC:45145 RFA No. 1396 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. 1396 OF 2020 (DEC/INJ) BETWEEN: 1. SRI CHIKKABASAPPA S/O LATE DODDANNA, DEAD BY HIS LRS, SRI. H.B.NARAYANASWAMY, S/O LATE CHIKKABASAPPA, AGED ABOUT 64 YEARS. 2. H.B. KRISHNAPPA S/O LATE CHIKKABASAPPA, AGED ABOUT 62 YEARS BOTH (a) AND (b) ARE RESIDING AT HOSAPETE VILLAGE, JANGAMAKOTE HOBLI, SIDLAGHATTA TALUK CHIKKABALLAPURA DISTRICT-562 102. 3. SMT. PADMAMMA W/O VEERANNA, AGED ABOUT 58 YEARS R/AT BALEPURA VILLAGE, CHANNARAYAPATTANA HOBLI, DEVANAHALLI TALUK BANGALORE RURAL DISTRICT-562 129. 4. SMT. BASAMMA W/O NARAYANASWAMY, Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010174092020 NC: 2026:KHC:45145 RFA No. 1396 of 2020 AGED ABOUT 56 YEARS R/AT YANNANGUR VILLAGE, JANGAMAKOTE HOBLI, SIDLAGHATTA TALUK CHIKKABALLAPURA DISTRICT-562 102. 5. SMT. VIMALAMMA W/O LATE DODDABASAPPA AGED ABOUT 66 YEARS. 6. SRI. DODDEGOWDA S/O LATE DODDABASAPPA, AGED ABOUT 40 YEARS. BOTH ARE RESIDING AT HOSAPETE VILLAGE, JANGAMAKOTE HOBLI, SIDLAGHATTA TALUK, CHIKKABALLAPURA DISTRICT-562 102. 7. SMT. NAGAVENI W/O DEVARAJ AGED ABOUT 43 YEARS. R/AT I BASAPURA VILLAGE, CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK BANGALORE RURAL DISTRICT-562 110. 8. SMT. RATHNAMMA W/O LATE PAPANNA, AGED ABOUT 64 YEARS. R/AT MANCHANABELE VILLAGE, CHIKKABALLAPURA TALUK AND DISTRICT – 562 101. 9. SMT. NARAYANAMMA W/O LAKSHMIPATHI, AGED ABOUT 58 YEARS. R/AT KITLAMANAHALLI VILLAGE HOSAKOTE TALUK - 3 - HC-KAR CNR: KAHC010174092020 NC: 2026:KHC:45145 RFA No. 1396 of 2020 BANGALORE RURAL DISTRICT-562 114. 10. SMT. SAVITHRAMMA W/O CHIKKABALLAPPA AGED ABOUT 54 YEARS. R/AT NARAYANAPURA VILLAGE, DODDAMARALI POST, DEVANAHALLI TALUK BANGALORE RURAL DISTRICT – 562 135. …APPELLANTS (BY SRI CHANDRASHEKAR SWAMY K B, ADVOCATE) AND: 1. H P NANJUNDAPPA S/O LATE PILLAPPA, AGED ABOUT 71 YEARS. 2. SRI. H.P.KRISHNAPPA S/O LATE PILLAPPA, AGED ABOUT 66 YEARS. BOTH ARE RESIDING AT HOSAPETE VILLAGE, JANGAMAKOTE HOBLI, SIDLAGHATTA TALUK CHIKKABALLAPURA DISTRICT-562 102. 3. SRI.H.P. NARAYANASWAMY S/O LATE PILLAPPA, AGED ABOUT 64 YEARS. 4. SMT. PARVATHAMMA W/O LATE SONNAPPA AGED ABOUT 74 YEARS. BOTH ARE RESIDING AT PAKEERANAHOSAHALLI VILLAGE, - 4 - HC-KAR CNR: KAHC010174092020 NC: 2026:KHC:45145 RFA No. 1396 of 2020 THOTAGALA MANE, JANGAMAKOTE HOBLI, SIDLAGHATTA TALUK CHIKKABALLAPURA DISTRICT-562 102. …RESPONDENTS THIS RFA IS FILED UNDER SECTION 96 R/W ORDER XLI RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 07.01.2020 PASSED IN OS.No.97/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., SIDLAGAHATTA, DISMISSING THE SUIT FOR DECLARATION AND PERMANENT INJUNCTION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT I.A. Nos. 1 and 2/2005 are already disposed of by order dated 17.12.2025 and appeal has been restored to file. 2. The impugned judgment is passed by the Senior Civil Judge and JMFC, Sidlaghatta. 3. In view of the Karnataka Civil Courts (Amendment) Act, 2023 and the Karnataka High Court (Amendment) Act, 2023 and the decision of Division Bench - 5 - HC-KAR CNR: KAHC010174092020 NC: 2026:KHC:45145 RFA No. 1396 of 2020 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, Chikkaballapura, for disposal of the case in accordance with law. Pending I.A.s, if any, are also ordered to be transferred. 4. Registry is directed to send the appeal papers along with trial Court records to the said Court. 5. Interim order granted earlier, if any, is extended till further orders. 6. For the purpose of statistics, the Regular First Appeal is disposed of. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 3 Sl No.: 6 Ct.sm