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2026 DAILYLAW 37452 (KAR)

SMT N C SUDHA v. M T LIKITHA

RFA/673/2020 · 2026-08-28

Shivashankar Amarannavar

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010066422020 NC: 2026:KHC:46635 RFA No. 673 of 2020 C/W RFA.CROB No. 22 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR REGULAR FIRST APPEAL NO. 673 OF 2020 (DEC/PAR) C/W RFA CROSS OBJECTION NO. 22 OF 2024 IN RFA No. 673/2020 BETWEEN: 1. SMT. N C SUDHA W/O R DINAKARA AGE ABOUT 42 YEARS 2. SMT. KALPANA W/O R PRABHAKAR AGE ABOUT 35 YEARS. 3. SRI R VIJAY KUMAR S/O S REVANNA AGE ABOUT 45 YEARS. 4. SMT. N KAVYA W/O R VIJAYA KUMAR AGE ABOUT 35 YEARS. ALL ARE RESIDING AT MEDEHALLY VILLAGE CHITRADURGA TALUK AND DISTRICT - 577 501. …APPELLANTS (BY SRI SIDDAPPA B M, ADVOCATE) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010066422020 NC: 2026:KHC:46635 RFA No. 673 of 2020 C/W RFA.CROB No. 22 of 2024 AND: 1. M T LIKITHA D/O M D THIPPESWAMY AGE ABOUT 19 YEARS. 2. M T RAKSHITHA D/O M D THIPPESWAMY AGE ABOUT 17 YEARS. 3. SMT. K B MAMATHA W/O M D THIPPESWAMY AGE ABOUT 40 YEARS. RESPONDENT No.2 IS MINOR REPRESENTED BY HER NATURAL GUARDIAN MOTHER RESPONDET No.3 ALL ARE RESIDING AT BEHIND UNITY COMPLEX, KELAGOTE, CHITRADURGA TALUK CHITRADURGA DISTRICT - 577 501. 4. SMT. SIDDAMMA AGED ABOUT 67 YEARS W/O M DODDAKURUGODAPPA. 5. SMT. M D RAGHAVENDRA AGED ABOUT 38 YEARS S/O M DODDAKURUGODAPPA. RESPONDENTS No. 4 AND 5 ARE RESIDING AT G R HALLY VILLAGE CHITRADURGA TALUK CHITRADURGA DISTRICT - 577 501. 6. SRI R DINAKARA S/O S REVANNA AGE ABOUT 47 YEARS 7. SRIR PRABHAKAR - 3 - HC-KAR CNR: KAHC010066422020 NC: 2026:KHC:46635 RFA No. 673 of 2020 C/W RFA.CROB No. 22 of 2024 S/O S REVANNA AGE ABOUT 48 YEARS. RESPONDENTS No.6 AND 7 ARE RESIDING AT MEDEHALLY VILLGE CHITRADURGA TALUK AND DISTRICT - 577 501. 8. SRI T VEERABHADRASWAMY AGED ABOUT 57 YEARS S/O THIPPESWAMY. 9. SRI T MANJUNATH S/O THIPPESWAMY 10. SRI T CHANDRASHEKAR S/O THIPPESWAMY RESPONDENTS No. 8, 9 & 10 ARE RESIDING AT MANJUNATHA TRADERS B BLOCK, R.M.C YARD CHITRADURGA TALUK AND DISTRICT - 577 501. 11. SMT. UMA W/O BHEEMA REDDY AGED ABOUT 47 YEARS RESIDING AT G R HALLY VILLAGE CHITRADURGA DISTRIC T – 577 501. 12. SMT. SARASWATHI W/O RAMESH AGED ABOUT 45 YEARS RESIDING AT GUYELALU VILLAGE HIRIYUR TALUK - 577 598 CHITRADURGA DISTRICT. 13. SMT. DHANALAKSHMI W/O SUPRITA SANGAM AGE ABOUT 40 YEARS RESIDING AT GEJJEGANAHALLI NAYAKANAHATTI HOBLI - 4 - HC-KAR CNR: KAHC010066422020 NC: 2026:KHC:46635 RFA No. 673 of 2020 C/W RFA.CROB No. 22 of 2024 CHALLAKERE TALUK – 577 522 CHITRADURGA DISTRICT. …RESPONDENTS (BY SMT. KOMALA T, ADVOCATE FOR R1 & R2 SRI P H VIRUPAKSHAIAH, ADVOCATE FOR R3 SRI N D JAYADEVAPPA, ADVOCATE FOR R4, R5, R11 TO 13. R6, R8, R9 AND R10 ARE SERVED AND UNREPRESENTED V/O DTD. 12.6.2023 R5 AND R7 ARE ABATED) THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED: 21.09.2017 PASSED IN O.S. No. 9/2013 ON THE FILE OF THE Ist ADDITIONAL SENIOR CIVIL JUDGE, AT CHITRADURGA, PARTLY DECREEING THE SUIT FOR DECLARATION, PARTITION AND SEPARATE POSSESSION. IN RFA.CROB No. 22/2024 BETWEEN: 1. SMT. UMA W/O BHEEMA REDDY AGED ABOUT 47 YEARS RESIDING AT G.R HALLY VILLAGE CHITRADURGA TALUK AND DISTRICT - 577 501. 2. SMT. SARASWATHI W/O RAMESH AGED ABOUT 45 YEARS, RESIDING AT GUYELALU VILLAGE HIRIYUR TALUK 577598 CHITRADURGA DISTRICT. 3. SMT. DHANALAKSHMI W/O SUPUTRA SANGAM AGED ABOUT 40 YEARS RESIDING AT GEJJEGANAHALLI - 5 - HC-KAR CNR: KAHC010066422020 NC: 2026:KHC:46635 RFA No. 673 of 2020 C/W RFA.CROB No. 22 of 2024 NAYAKANAHATTI HOBLI, CHALLAKERE TALUK 577 522. CHITRADURGA DISTRICT. ...CROSS OBJECTORS (BY SRI. SRIYUTHS JAYADEVAPPA N D, A/W SRI N K SIDDESWARA, ADVOCATE) AND: 1. SMT. N C SUDHA W/O R DINAKARA AGED ABOUT 42 YEARS. 2. SMT. KALAPANA W/O R PRABHAKAR AGED ABOUT 35 YEARS. 3. SRI. R VIJAYA KUMAR S/O S REVANNA AGED ABOUT 45 YEARS. 4. SMT. N KAVYA W/O R VIJAYA KUMAR AGED ABOUT 35 YEARS. ALL ARE RESIDING AT MEDEHALLY VILLAGE, CHITRADURGA TALUK AND DISTRICT - 577 501. 5. M T LIKTHA D/O M.D THIPPESWAMY AGED ABOUT 19 YEARS. 6. M. T RAKSHITHA D/O M D THIPPESWAMY AGED ABOUT 17 YEARS. - 6 - HC-KAR CNR: KAHC010066422020 NC: 2026:KHC:46635 RFA No. 673 of 2020 C/W RFA.CROB No. 22 of 2024 RESPONDENT No.2 IS MINOR REPRESENTED BY HER NATURAL GUARDIAN, MOTHER RESPONDENT ALL ARE RESIDING AT BEHIND UNITY COMPLEX, KELAGOTE CHITRADURGA TALUK CHITRADURGA DISTRICT - 577 501. 7. SMT. K B MAMATHA W/O M D THIPPESWAMY, AGED ABOUT 40 YEARS. RESPONDENT No.2 IS MINOR REPRESENTED BY HER NATURAL GUARDINA, MOTHER RESPONDENT ALL ARE RESIDING AT BEHIND UNITY COMPLEX, KELAGOTE CHITRADURGA TALUK CHITRADURGA DISTRICT - 577 501. 8. SMT. SIDDAMMA W/O M DODDAKURUGODAPPA, AGED ABOUT 67 YEARS. 9. SRI. M D RAGHAVENDRA S/O M DODDAKURUGODAPPA AGED ABOUT 38 YEARS. RESPONDENTS No.8 AND 9 ARE RESIDING AT G .R. HALLY VILLAGE CHITRADURGA TALUK AND DISTRICT - 577 501. 10. SRI. R DINAKARA S/O S REVANNA, AGED ABOUT 47 YEARS. 11. SRI. R PRABHAKAR S/O S REVANNA - 7 - HC-KAR CNR: KAHC010066422020 NC: 2026:KHC:46635 RFA No. 673 of 2020 C/W RFA.CROB No. 22 of 2024 AGED ABOUT 48 YEARS. RESPODENTS No.10 AND 11 ARE RESIDING AT MEDEHALLY VILLAGE CHITRADURGA TALUK AND DISTRICT -577 501. 12. SRI. T VEERABHADRASWAMY S/O THIPPESWAMY AGED ABOUT 57 YEARS. 13. SRI. T MANJUNATH S/O THIPPESWAMY 14. SRI. T CHANDRASHEKAR S/O THIPPESWAMY RESPONDENTS No.12, 13, & 14 ARE RESIDING AT MANJUNATHA TRADERS B BLOCK, R. M. C. YARD CHITRADURGA TALUK AND DISTRICT - 577 501. ...RESPONDENTS (BY SMT. KOMALA T, ADVOCATE FOR R5 & R6 SRI P H VIRUPAKSHAIAH, ADVOCATE FOR R7 SRI B M SIDDAPPA, ADVOCATE FOR R1 TO R4 V/O DTD. 10.4.2026 NOTICE TO R9 IS D/W R8, R10, R12 TO R14 ARE SERVED & UNREPRESENTED) THIS RFA CROB IN RFA No.673/2020 IS FILED UNDER ORDER 41 RULE 22(1) OF THE CPC., AGAINST THE JUDGEMENT AND DECREE DATED 21.09.2017 PASSED IN OS No.9/2013 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, CHITRADURGA, PARTLY DECREEING THE SUIT FOR DECLARATION PARTITION AND SEPARATE POSSESSION. THIS RFA AND RFA CROB. COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 8 - HC-KAR CNR: KAHC010066422020 NC: 2026:KHC:46635 RFA No. 673 of 2020 C/W RFA.CROB No. 22 of 2024 CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT The impugned judgment is passed by the I Additional Senior Civil Judge, Chitradurga. 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 along with cross-objections are 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 and cross-objection papers along with trial Court records to the said Court. - 9 - HC-KAR CNR: KAHC010066422020 NC: 2026:KHC:46635 RFA No. 673 of 2020 C/W RFA.CROB No. 22 of 2024 4. Interim order granted earlier, if any, shall continue till further orders. 5. For the purpose of statistics, the Regular First Appeal and Cross-objections are disposed of. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 4 Sl No.: 3 Ct.sm