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2026 DAILYLAW 36386 (KAR)

SRI. SUBRAYA BHAT v. SMT. S. MOOKAMBIKA

RFA/133/2019 · 2026-08-25

Shivashankar Amarannavar

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010322842019 NC: 2026:KHC:45894 RFA No. 133 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR REGULAR FIRST APPEAL NO. 133 OF 2019 (PAR) BETWEEN: SRI. SUBRAYA BHAT SINCE DECEASED BY HIS LEGAL HEIRS: 1(A) SMT. POORNIMA D/O LATE L SUBRAYA BHAT W/O SEETHARAMA BHAT AGED ABOUT 57 YEARS RESIDENT OF RENJALA FARMS POST: BOLLAJE, MARKANJA VIA: DODDATHOTA SULLIA TALUK, D K DISTRICT. 1(B) SRI. SHANKARANARAYANA BHAT S/O LATE L SUBRAYA BHAT AGED ABOUT 51 YEARS, RESIDENT OF KONKANAJE HOUSE, KUKKEDI VILLAGE AND POST BELTHANGADY TALUK DAKSHINA KANNADA DISTRICT-574242. 1(C) SRI. CHANDRASHEKAR BHAT S/O LATE L SUBRAYA BHAT AGED ABOUT 46 YEARS, RESIDENT OF KONKANAJE HOUSE, KUKKEDI VILLAGE AND POST BELTHANGADY TALUK DAKSHINA KANNADA DISTRICT-574242. …APPELLANTS (BY SRI. VENUGOPALA M.S., ADVOCATE FOR LR’S OF DECEASED) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010322842019 NC: 2026:KHC:45894 RFA No. 133 of 2019 AND: 1. SMT. S. MOOKAMBIKA AGED ABOUT 68 YEARS W/O RAMAKRISHNA BHAT RESIDENT OF PANDELU HOUSE, KULA VILLAGE AND POST BANTWAL TALUK , D.K. DISTRICT-574243. 2. SHYAMA BHAT SINCE DECEASED BY HIS LEGAL HEIRS: 2(A) VINAY SHARMA S/O SHAMA BHAT AGED ABOUT 38 YEARS R/A – 25/186, KALAMANTI P. HOSAHALLI POST SRIRANGAPATTANA TALUK, MANDYA DISTRICT-571438. 2(B) RAGHAVENDRA S S/O SHAMA BHAT AGED ABOUT 45 YEARS #214, K R S ROAD MOGARAHALLI, HOSAHALLI MANDYA-571438. 3. UDAYA NARAYANA AGED ABOUT 60 YEARS S/O LATE THIRUMALESHWARI AND LATE GOVINDA BHAT RESIDENT OF MANTI HOUSE, KRS ROAD, POST HOSAHALLI SRIRANGAPATTANA TALUK MANDYA DISTRICT-571606. 4. SMT. ARUNA KUMARI AGED ABOUT 56 YEARS - 3 - HC-KAR CNR: KAHC010322842019 NC: 2026:KHC:45894 RFA No. 133 of 2019 D/O LATE THIRUMALESHWARI W/O SUBRAMANYA KUMAR RESIDENT OF THUSHARA HOUSE D NO.1901, 8TH MAIN, 8TH CROSS JUDICIAL LAYOUT, GKVK POST, BENGALURU-560065. 5. MRS. M. SARASWATHI AGED ABOUT 77 YEARS W/O LATE M SHANKARANARAYANA BHAT D/O NARAYANA BHAT RESIDENT OF NO.3-A, MATHRA SHREE, 10TH CROSS, 4TH MAIN, JAYANAGARA MYSORE-570014. 6. SMT. LALITHA AGED ABOUT 64 YEARS W/O LAXMINARAYANA RAO D/O LATE NARAYANA BHAT RESIDENT OF VAIDYA COMPOUND D.NO.20, HARADI , PUTTUR KASABA VILLAGE, PUTTUR TALUK, POST PUTTUR, D.K.DISTIRCT-574201. …RESPONDENTS (BY SRI. SHIVANANDA S., ADVOCATE FOR C/R1; SRI. G. BALAKRISHNA SHASTRY, ADVOCATE FOR R2(A & B), R3 TO 6; V/O DATED 31.10.2022 NOTICE TO R7 IS DISPENSED WITH & DELETE THE R7 AND R7 HAS COME ON RECORDED AS APPELLANT NO.1(B); V/O DATED 22.11.2024 R8 IS THE 3RD SON OF APPELLANT I.E., APPELLANT NO.1(C)) THIS RFA IS FILED UNDER SECTION 96 OF CPC., 1908 AGAINST THE JUDGMENT AND DECREE DATED 21.11.2018 PASSED IN OS.NO.23/2013 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC., BELTHANGADY, PARTLY DECREEING THE SUIT FOR PARTITION, SEPARATE POSSESSION AND PERMANENT INJUNCTION. - 4 - HC-KAR CNR: KAHC010322842019 NC: 2026:KHC:45894 RFA No. 133 of 2019 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 Principal Senior Civil Judge and JMFC, Belthangady. 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, Mangaluru 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. - 5 - HC-KAR CNR: KAHC010322842019 NC: 2026:KHC:45894 RFA No. 133 of 2019 4. The interim order granted by order dated 27.02.2019 shall continue till further orders. 5. For the purpose of statistics, the Regular First Appeal is disposed of. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP CT:SM List No.: 4 Sl No.: 1