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2026 DAILYLAW 36549 (KAR)

ASHIF SAHEB v. MOHAMMED RAMIZUDDIN

RFA/724/2020 · 2026-08-17

Shivashankar Amarannavar

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010128642020 NC: 2026:KHC:44003 RFA No. 724 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR REGULAR FIRST APPEAL NO. 724 OF 2020 (PAR) BETWEEN: 1. ASHIF SAHEB S/O LATE BABA SAHEB, AGED ABOUT 44 YEARS, R/AT DEVARAHALLI, BILIKERE HOBLI, HUNSUR TALUK - 571 105. 2. SHAFIULLA S/O LATE JAMAL SAB, AGED ABOUT 59 YEARS, R./AT DEVARAHALLI, BILIKERE HOBLI, HUNSUR TALUK- 571 105. 3. DADAPEER S/O LATE JAMAL SAB, AGED ABOUT 53 YEARS, R/AT DOOR No.18, 2ND STAGE, 1ST CROSS, KESARE, MYSURU- 570 001. WORKING AT J K RADIAL TYRE FACTORY, TYRE BUILDING SECTION, METAGALLI, MYSURU – 570 001. 4. SAMIULLA S/O LATE JAMAL SAB, AGED ABOUT 51 YEARS, RESIDING AT MANUGANAHALLI, Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010128642020 NC: 2026:KHC:44003 RFA No. 724 of 2020 BILIKERE HOBLI, HUNSUR TALUK. …APPELLANTS (BY SRI. MOHANA J S, ADVOCATE) AND: 1. MOHAMMED RAMIZUDDIN S/O LATE GULAM MOHIDDIN, MOTHER KAMARUNNISSA, AGE 55 YEARS, R/AT No.50 KESARE 2ND STAGE, 2ND CROSS, MYSURU CITY – 570 001. 2. SHAFIUDDIN S/O LATE GULAM MOHIDDIN, MOTHER KAMARUNNISSA, AGE 55 YEARS, R/AT NO.50 KESARE 2ND STAGE, 2ND CROSS, MYSURU CITY – 570 001. 3. HABIBSAB S/O LATE PEERSAB, AGED 76 YEARS, R/AT DEVARAHALLI VILLAGE, BILIKERE HOBLI, HUNSUR TALUK – 571 105. 4. MEHARUNNISA W/O LATE NAZIR SAB, AGE 61 YEARS, R/AT NO.G-4, 7TH BLOCK, USMANIA BLOCK, KESARE MYSURU – 570 001. 5. ARIFKHAN S/O LATE BASA SAHEB, - 3 - HC-KAR CNR: KAHC010128642020 NC: 2026:KHC:44003 RFA No. 724 of 2020 AGED ABOUT 46 YEARS, R/AT DEVARAHALLI VILLAGE, BILIKERE HOBLI, HUNSUR TALUK – 571 105. …RESPONDENTS THIS RFA IS FILED UNDER SECTION 96 R/W ORDER XLI RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED:26.11.2019 PASSED IN OS.No. 135/2014 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC., HUNSUR, PARTLY DECREEING THE SUIT FOR PARTITION, MESNE PROFIT. 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 Prl.Senior Civil Judge and JMFC, Hunsur. 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 - 4 - HC-KAR CNR: KAHC010128642020 NC: 2026:KHC:44003 RFA No. 724 of 2020 appeal is transferred to the Principal District Court, Mysuru, 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 DKB List No.: 2 Sl No.: 3 Ct.sm