- 1 - HC-KAR CNR: KAHC010149632020 NC: 2026:KHC:45243 RFA No. 1290 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.1290 OF 2020 (PAR/POS) BETWEEN: 1. SMT. VIJAYAMMA, W/O LATE B. MUNIRATHNAM NAIDU, AGED ABOUT 60 YEARS, (THOUGH SHE IS SENIOR CITIZEN NOT CLAIMING ANY SENIOR CITIZEN BENEFITS) 2. SMT. B. M. PRITHVI, D/O LATE B. MUNI RATHNAM NAIDU, AGED ABOUT 31 YEARS, 3. SRI. B. M. RAGHAVENDRA, S/O LATE B. MUNIRATHNAM NAIDU, AGED ABOUT 26 YEARS, ALL ARE RESIDING AT: BALLALASAMUDRA, SRIRAMPURA HOBLI, HOSADURGA TALUK, CHITRADURGA DISTRICT, PIN - 577 597. …APPELLANTS (BY SRI. A G NAGARAJA & DEEPAK L, ADVOCATES) AND: 1. SRI. B. G. GIRI BABU, S/O D. CHINNASWAMYNAIDU, AGED ABOUT 42 YEARS, Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010149632020 NC: 2026:KHC:45243 RFA No. 1290 of 2020 2. SMT. SUMATHI, D/O LATE B. SIDDAIAH NAIDU, W/O B.S.VIJAYAKUMAR, AGED ABOUT 64 YEARS, BOTHA RE RESIDING AT: BALLALASAMUDRA VILLAGE, SRIRAMPUR HOBLI, HOSADURGA TALUK, CHITRADURGA DISTRICT, PIN - 577 597. 3. SMT. NAGAMMA, W/O LATE RAMAMURTHY NAIDU, AGED ABOUT 66 YEARS, RESIDING AT BALLALASAMUDRA VILLAGE, SRIRAMPUR HOBLI, HOSADURGA TALUK, CHITRADURGA DISTRICT, PIN - 577 597. 4. SMT. B.R. KALAVATHI, D/O LATE B. RAMAMURTHY NAIDU, W/O A. CHITTIBABU NAIDU, AGED ABOUT 45 YEARS, RESIDING AT S. L. ENTERPRISES, B. NARAYANAPURAM, WHITEFIELD, MAHADEVAPURA, BENGALURU – 560 016. 5. SMT. B. R. LEELAVATHI, D/O LATE B. RAMAMURTHY NAIDU, W/O S. T. SAHADEV, AGED ABOUT 40 YEARS, RESIDING AT HUCHAVVANAHALLI VILALGE, JAGALUR TLAUK, - 3 - HC-KAR CNR: KAHC010149632020 NC: 2026:KHC:45243 RFA No. 1290 of 2020 DAVANAGERE DISTRICT, PIN - 577 742. 6. SRI. B.R. VENKATESA, S/O LATE B. RAMAMURTHY NAIDU, AGED ABOUT 37 YEARS, 7. SRI. B. SUBRAMANYA NAIDU, S/O B. SIDDAIAH NAIDU, AGED ABOUT 65 YEARS, 8. SMT. LAKSHMAMMA, W/O LATE CHINNASWAMY NAIDU, AGED ABOUT 72 YEARS, 9. SMT. C. KAMESWARI, D/O LATE CHINNASWAMY NAIDU, AGED ABOUT 47 YEARS, RESPONDENT NOS.6 TO 9 ARE RESIDING AT BALLALASAMUDRA VILLAGE, SRIRAMPUR HOBLI, HOSADURGA TALUK, CHITRADURGA DISTRICTK PIN - 577 597. 10. SRI. S. B. PRAKASH, S/O S. G. BHASKAR, AGED ABOUT 55 YEARS, RESIDING AT COPRA MERCHANT, CORONATION ROAD, TIPTUR, TUMKUR DISTRICT, PIN - 672 201. 11. SRI. MAHADEVAIAH, (SINCE DEAD ) BY HIS LR. SON - 4 - HC-KAR CNR: KAHC010149632020 NC: 2026:KHC:45243 RFA No. 1290 of 2020 SRI. CHANDRASHEKAR, AGED ABOUT 67 YEARS, RESIDING AT ALAGATTA VILLAGE, HOSADURGA TALUK, CHITRADURA DISTRICT, PIN - 677 597. 12. 12a) SMT. BEKAMMA (SINCE DEAD) BY LR SRI. BANU PRASAD, GRAND SON OF BEKAMMA, RESIDING AT, KANNAMANDARA PALLI, PAKAL TALUK, CHITOOR DISTRICT, ANDHRA PRADESH - 517 112. …RESPONDENTS (BY SRI. GOPAL KRISHNAMURTHY C, ADVOCATE FOR R1; R3, R5, R6, R7, R8, R9, R10 ON IA-1/2020 ARE SERVED BUT UNREPRESENTED) THIS RFA IS FILED UNDER ORDER 41 RULE 1 OF CPC., PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT DATED 09.01.2015 PASSED IN O.S NO.40/2003 ON THE FILE OF THE ITINERARY SENIOR CIVIL JUDGE AT HOSADURGA AND DISMISS THE SUIT FILED BY THE PLAINTIFF/1ST RESPONDENT BY ALLOWING THIS APPEAL IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR - 5 - HC-KAR CNR: KAHC010149632020 NC: 2026:KHC:45243 RFA No. 1290 of 2020 ORAL JUDGMENT The impugned judgment is passed by the Itinerary Senior Civil Judge, Hosadurga. 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, Chitradurga 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. Interim order granted earlier, if any, is extended till further orders. - 6 - HC-KAR CNR: KAHC010149632020 NC: 2026:KHC:45243 RFA No. 1290 of 2020 5. For the purpose of statistics, the Regular First Appeal is disposed of. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 4 Sl No.: 1