- 1 - HC-KAR CNR: KAHC010278972020 NC: 2026:KHC:45621 RFA No. 1761 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR REGULAR FIRST APPEAL NO.1761 OF 2020 (PAR/POS) BETWEEN: 1. VIMALAKSHAMMA W/O LATE NAGESHAPPA, AGED ABOUT 69 YEARS, HOUSE HOLD WORK, R/O CHIKKAYEMMIGANUR VILLAGE, B. DURGA HOBLI, HOLALKERE TALUK – 577 526 2. SUDHA W/O RANGASWAMY, D/O LATE NAGESHAPPA, AGED ABOUT 44 YEARS, HOUSE HOLD WORK, R/O TALYA VILLAGE, TALYA HOBLI, HOLALKERE TALUK – 577 526 3. N SURESH S/O LATE NAGESHAPPA, AGED ABOUT 44 YEARS, AGRICULTURIST, R/O CHIKKAYEMMIGANUR VILLAGE, B. DURGA HOBLI, HOLALKERE TALUK – 577 526 4. N SHIVAKUMAR S/O LATE NAGESHAPPA, AGED ABOUT 43 YEARS, AGRICULTURIST, R/O CHIKKAYEMMIGANUR VILLAGE, Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010278972020 NC: 2026:KHC:45621 RFA No. 1761 of 2020 B. DURGA HOBLI, HOLALKERE TALUK – 577 526 5. N LAKSHMISHA S/O LATE NAGESHAPPA, AGED ABOUT 39 YEARS, AGRICULTURIST, R/O CHIKKAYEMMIGANUR VILLAGE, B. DURGA HOBLI, HOLALKERE TALUK – 577 526 6. RANGASWAMY S/O K. MAHALINGAPPA, AGE ABOUT 47 YEARS, AGRICULTURIST, R/O MATHIGHATTA VILLAGE, TALYA HOBLI, HOLALKERE TALUK – 577 526 7. NAGARAJA S/O K MAHALINGAPPA, AGED ABOUT 46 YEARS, R/O 621, BEHIND J.C.R. SHAMIYANA HOUSE, LOKANAYAKA NAGARA, HEBBALA, METAGALLI POST, MYSORE – 760 016 8. NATARAJA S/O K. MAHALINGAPPA, AGED ABOUT 41 YEARS, R/O ACHUTARAO LAYOUT, 4TH CROSS, NEAR I F B CARE, SHIMOGA – 577 202 9. H K NAGARAJU S/O H KUBERAPPA, AGED ABOUT 44 YEARS, AGRICULTURIST, R/O CHIKKAYEMMIGANURU VILLAGE, - 3 - HC-KAR CNR: KAHC010278972020 NC: 2026:KHC:45621 RFA No. 1761 of 2020 B. DURGA HOBLI, HOLALKERE TALUK – 577 526 10. S. BASAVARAJAPPA S/O M. SHIVALINGAPPA, AGED ABOUT 59 YEARS, AGRICULTURIST, R/O CHIKKAYEMMIGANURU VILLAGE, B. DURGA HOBLI, HOLALKERE TALUK – 577 526 11. VENKATESH S/O T MAHESHWARAPPA, AGED ABOUT 42 YEARS, AGRICULTURIST, R/O CHIKKAYEMMIGANURU VILLAGE, B. DURGA HOBLI, HOLALKERE TALUK – 577 526 …APPELLANTS (BY SRI. R. SHASHIDHARA, ADVOCATE FOR A1 TO A8; SRI. C.R.RAVISHANKAR, ADVOCATE FOR A9 TO A11) AND: 1. K. S. JAYAPPA S/O K SHIVALINGAPPA, AGED ABOUT 67 YEARS, RETIRED ASSISTANT COMMISSIONER OF COMMERCIAL TAXES AND AGRICULTURIST R/O 343, 5TH A MAIN, RECONVEY LAYOUT, VIJAYANAGARA, 2ND STAGE, HAMPI NAGAR, BANGALORE – 560 104 2. B. PARAMESHWARAPPA S/O CHANDRAPPA AGED ABOUT 62 YEARS, - 4 - HC-KAR CNR: KAHC010278972020 NC: 2026:KHC:45621 RFA No. 1761 of 2020 AGRICULTURIST, R/O CHIKKAYEMMIGANURU VILLAGE, B. DURGA HOBLI, HOLALKERE TALUK – 577 526 3. JAYAMMA W/O MAHESHWARAPPA, AGED ABOUT 64 YEARS, HOUSEHOLD WORK, R/O CHIKKAYEMMIGANURU VILLAGE, B. DURGA HOBLI, HOLALKERE TALUK – 577 526 4. ROOPA W/O B M RUDRESH, D/O T MAHESHWARAPPA, AGED ABOUT 40 YEARS, HOUSE HOLD WORK, R/O ANDANUR VILLAGE, B. DURGA HOBLI, HOLALKERE TALUK – 577 526 5. VISHANTH S/O T MAHESHWARAPPA, AGED ABOUT 37 YEARS, AGRICULTURIST, R/O CHIKKAYEMMIGANURU VILLAGE, B. DURGA HOBLI, HOLALKERE TALUK – 577 526 …RESPONDENTS (BY SRI. ANANTHA NARAYANA B N, ADVOCATE FORR1; SRI. PRATHEEP K.C., ADVOCATE FOR R2 TO R5) THIS RFA IS FILED UNDER SECTION 96 OF CPC., PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 25.06.2020 PASSED IN O.S NO.26/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, AT HOLAKERE AND DISMISS THE SUIT FILED BY THE PLAINTIFF BY ALLOWING THIS APPEAL IN THE INTEREST OF JUSTICE AND EQUITY. - 5 - HC-KAR CNR: KAHC010278972020 NC: 2026:KHC:45621 RFA No. 1761 of 2020 THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT The impugned judgment is passed by the Senior Civil Judge and JMFC, Holalkere. 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. - 6 - HC-KAR CNR: KAHC010278972020 NC: 2026:KHC:45621 RFA No. 1761 of 2020 4. Interim order granted earlier, if any, is extended till further orders. 5. For the purpose of statistics, the Regular First Appeal is disposed of. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 4 Sl No.: 7