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2026 DAILYLAW 36393 (KAR)

G N VEDAMURTHY v. HEMAVATHI

RFA/1852/2021 · 2026-08-20

Shivashankar Amarannavar

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010371062021 NC: 2026:KHC:45245 RFA No. 1852 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR REGULAR FIRST APPEAL NO.1852 OF 2021 (DEC/PAR) BETWEEN: G. N. VEDAMURTHY, S/O LATE GORATI NANDYAPPA, AGED ABOUT 43 YEARS, R/O MELINAHANASAVADI VILLAGE, SHIVAMOGGA TALUK, SHIVAMOGGA – 577 216 …APPELLANT (BY SRI. G. S. VENKAT SUBBA RAO, ADVOCATE) AND: 1. HEMAVATHI W/O K M CHANDRASHEKHAR AGED ABOUT 57 YEARS, R/O KUDREMUKH VILALGE, MUDIGERE TALUK – 572 132 CHICKAMAGALORE DISTRICT. 2. G. N. NAGARAJAPPA DEAD BY HIS LRS SMT. BASAMMA W/O NAGARAJAPPA, MAJOR, R/O VINOBANAGARA, SHIVAMOGGA – 577 204 3. VINAYA G N S/O LATE NAGARAJAPPA AGED ABOUT 38 YEARS Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010371062021 NC: 2026:KHC:45245 RFA No. 1852 of 2021 R/O VINOBANAGAR, SHIVAMOGGA – 577 204 4. SMT. ASHWINI, D/O LATE NAGARAJAPPA, AGED ABOUT 40 YEARS, R/O VINOBANAGAR, SHIVAMOGGA – 577 204 5. SMT. INDIRAMMA W/O A.B THIMMAPPA, MAJOR, C/O BASAVARAJAPPA, R/O AREBILACHI VILLAGE, SHIVAMOGGA TALUK – 577 204 6. SMT. PARVATHAMMA W/O LATE GORATTI NANDYAPPA AGED ABOUT 90 YEARS R/O MELINAHANASAVADI VILLAGE SHIVAMOGGA TALUK – 577 204 7. SMT. CHOWLI BAI W/O LATE SHYAMA NAIKA, AGED ABOUT 62 YEARS, R/O BELALAKATTE VILLAGE, HANASAVADI POST, SHIVAMOGGA TALUK – 577 204 8. K. V. SHANMUKHAPPA S/O LATE ERAPPA MAJOR, R/O BELALAKATTE VILLAGE, HANASAVADI POST, SHIVAMOGGA TALUK – 577 204 9. K. MALLAPPA S/O KARIBASAPPA AGED ABOUT 77 YEARS R/O MELINAHANASAVADI VILLAGE, - 3 - HC-KAR CNR: KAHC010371062021 NC: 2026:KHC:45245 RFA No. 1852 of 2021 HANASAVADI POST, SHIVAMOGGA TALUK – 577 204 10. NAGENDRAPPA, S/O MASANAPPA, AGED ABOUT 67 YEARS, R/O HOLEHANASAVADI VILLAGE, HANASAVADI POST, SHIVAMOGGA TALUK – 577 204 …RESPONDENTS (BY SRI. BALAGANGADHAR G. S, ADVOCATE) THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF CPC PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT & DECREE DATED 19.02.2020 PASSED IN O.S No.209/2014 BY THE I ADDITIONAL SENIOR CIVIL JUDGE & CJM, AT SHIVAMOGGA AND CONSEQUENTLY DECLARE THE LEGITIMATE SHARE OF THE APPELLANT IN RESPECT OF THE SUIT SCHEDULE PROPERTIES AND ETC THIS APPEAL COMING ON FOR ADMISSION 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: KAHC010371062021 NC: 2026:KHC:45245 RFA No. 1852 of 2021 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, 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 DSP List No.: 4 Sl No.: 0