- 1 - HC-KAR CNR: KAHC010182312020 NC: 2026:KHC:45244 RFA No. 1446 of 2020 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.1446 OF 2020 (DEC/PAR) BETWEEN: SMT. HEMAVATHI W/O K. M. CHANDRASHEKHAR AGED ABOUT 56 YEARS, R/O KUDREMUKH VILALGE, MUDIGERE TALUK, CHICKAMAGALORE DISTRICT – 572 132. …APPELLANT (BY SRI. BALAGANGADHAR G. S, ADVOCATE) AND: 1. SMT. BASAMMA W/O NAGARAJAPPA, AGED ABOUT 40 YEARS, R/O VINOBANAGARA, SHIVAMOGGA – 577 102 2. VINAYA G N S/O LATE NAGARAJAPPA AGED ABOUT 40 YEARS R/O VINOBANAGAR, SHIVAMOGGA – 577 102 3. SMT. ASHWINI, D/O LATE NAGARAJAPPA, AGED ABOUT 39 YEARS, R/O VINOBANAGAR, SHIVAMOGGA – 577 102 Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010182312020 NC: 2026:KHC:45244 RFA No. 1446 of 2020 4. G. N. VEDAMURTHY, S/O LATE GORATTI NANDYAPPA, AGED ABOUT 48 YEARS, R/O MELINAHANASAVADI VILLAGE, SHIVAMOGGA – 577 102 5. SMT. INDIRAMMA W/O A.B THIMMAPPA, AGED ABOUT 60 YEARS, C/O BASAVARAJAPPA, R/O AREBILACHI VILLAGE, SHIVAMOGGA – 577 102 6. SMT. PARVATHAMMA W/O LATE GORATTI NANDYAPPA AGED ABOUT 89 YEARS R/O MELINAHANASAVADI VILLAGE SHIVAMOGGA – 577 102 7. SMT. CHOWLI BAI W/O LATE SHYAMA NAIKA, AGED ABOUT 61 YEARS, R/O BELALAKATTE VILLAGE, HANASAVADI POST, SHIVAMOGGA – 577 102 8. K. V. SHANMUKHAPPA S/O LATE ERAPPA, AGED ABOUT 55 YEARS, R/O BELALAKATTE VILLAGE, HANASAVADI POST, SHIVAMOGGA – 577 102 9. K. MALLAPPA S/O KARIBASAPPA AGED ABOUT 76 YEARS R/O MELINAHANASAVADI VILLAGE, HANASAVADI POST, SHIVAMOGGA – 577 102 - 3 - HC-KAR CNR: KAHC010182312020 NC: 2026:KHC:45244 RFA No. 1446 of 2020 10. NAGENDRAPPA, S/O MASANAPPA, AGED ABOUT 66 YEARS, R/O HOLEHANASAVADI VILLAGE, HANASAVADI POST, SHIVAMOGGA – 577 102 …RESPONDENTS (BY SRI. R. GOPAL, ADVOCATE FOR R1 TO R3; SRI. G. S. VENKAT SUBBA RAO, ADVOCATE FOR R4; SRI. LOKESH MALAVALLI, ADVOCATE FOR R7 & R8; SRI. M.R.HIREMATHAD, ADVOCATE FOR R10; R5, R6 & R9 ARE SERVED BUT UNREPRESENTED) THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF CPC PRAYING TO SET ASIDE THE JUDGMENT & DECREE DATED 19.02.2020 PASSED IN O.S NO.209/2014 BY THE I ADDITIONAL SENIOR CIVIL JUDGE & CJM, AT SHIVAMOGGA, AS THE SAME IS IMPUGNED, PERVERSE, CAPRICIOUS 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 - 4 - HC-KAR CNR: KAHC010182312020 NC: 2026:KHC:45244 RFA No. 1446 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, 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.: 5