Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010174342020 NC: 2026:KHC:47454 RFA No. 996 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR REGULAR FIRST APPEAL NO. 996 OF 2020 (DEC/INJ) BETWEEN:
1.
SMT. VIJAYALAKSHMI W/O LATE T.R. MANJUNATH, AGED ABOUT 47 YEARS, AGRICULTURIST AND HOUSEHOLD, R/AT SAKREBYLU VILLAGE, GAJNOOR POST, SHIVAMOGGA TALUK, SHIVAMOGGA DISTRICT - 577 202.
2.
MS. SWATHI D/O LATE T.R. MANJUNATH, AGED ABOUT 26 YEARS, R/AT SAKREBYLU VILLAGE, GAJNOOR POST, SHIVAMOGGA TALUK, SHIVAMOGGA DISTRICT - 577 202.
3.
MS. SANGEETHA D/O LATE T.R. MANJUNATH, AGED ABOUT 23 YEARS, R/AT SAKREBYLU VILLAGE, GAJNOOR POST, SHIVAMOGGA TALUK, SHIVAMOGGA DISTRICT - 577 202.
4.
MR. SANJEETH S/O LATE T.R. MANJUNATH, AGED ABOUT 21 YEARS, R/AT SAKREBYLU VILLAGE, GAJNOOR POST, SHIVAMOGGA TALUK, SHIVAMOGGA DISTRICT - 577 202.
Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010174342020 NC: 2026:KHC:47454 RFA No. 996 of 2020
5.
SRI. HONNE GOWDA S/O NARASE GOWDA, AGED ABOUT 71 YEARS, AGRICULTURIST, R/AT SAKREBYLU VILLAGE, GAJNOOR POST, SHIVAMOGGA TALUK, SHIVAMOGGA DISTRICT - 577 202. …APPELLANTS (BY SRI.SIDDAMALLAPPA P.M. AND SRI.P.M. GOPI, ADVOCATES) AND:
SRI. T.R. NAGARAJ S/O RAMEGOWDA, AGED ABOUT 54 YEARS, AGRICULTURIST, R/AT SAKREBYLU VILLAGE, GAJNOOR POST, SHIVAMOGGA TALUK, SHIVAMOGGA DISTRICT - 577 202. …RESPONDENT (BY SRI. S.V. PRAKASH, ADVOCATE)
THIS RFA IS FILED UNDER ORDER 41 RULE 1 READ WITH SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 09.01.2020 PASSED IN O.S.NO.63/2013 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AT SHIVAMOGGA DECREEING THE SUIT FOR DECLARATION AND PERMANENT INJUNCTION.
THIS APPEAL COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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HC-KAR
CNR: KAHC010174342020 NC: 2026:KHC:47454 RFA No. 996 of 2020
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL JUDGMENT The impugned
judgment is passed by the II Additional Senior Civil Judge, 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 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 ordered to be 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 the Trial Court records to the said Court.
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HC-KAR
CNR: KAHC010174342020 NC: 2026:KHC:47454 RFA No. 996 of 2020
4. Interim
order granted vide
order dated 31.03.2022 shall continue until further orders.
5. For the purpose of statistics, the Regular First Appeal is disposed off.
Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE
KLV List No.: 4 Sl No.: 3