- 1 - HC-KAR CNR: KAHC010611552026 NC: 2026:KHC:49374 CP No. 312 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI CIVIL PETITION NO. 312 OF 2026 BETWEEN: 1. SMT.MAHADEVAMMA W/O MUDDAPPA AGED ABOUT 56 YEARS RESIDING AT NEAR GRAMAPANCHAYATH OFFICE, ALANAHALLI MAIN ROAD, ALANAHALLI, MYSURU TALUK. 2. SMT.CHIKKAMMA W/O SIDDARAJU AGED ABOUT 51 YEARS R/AT NO.27, RAMA MANDIRA ROAD, YARAGANAHALLI, MYSURU - 570 011. …PETITIONERS (BY SRI RAJESHWARA P.N. ADVOCATE SRI RAJIV R., ADVOCATE AND SMT.SHILPA K., ADVOCATE) AND: 1. SMT.SAKAMMA W/O LATE BASAVEGOWDA AGED ABOUT 89 YEARS 2. SRI BASAVARAJU S/O LATE BASAVEGOWDA AGED ABOUT 68 YEARS Digitally signed by ANUSHA V Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010611552026 NC: 2026:KHC:49374 CP No. 312 of 2026 3. SMT.MAHADEVAMMA D/O LATE BASAVEGOWDA AGED ABOUT 65 YEARS, 4. SMT. CHIKKAMMA @ LAKSHMAMMA D/O LATE BASAVEGOWDA AGED ABOUT 62 YEARS 5. SRI NANJAPPA S/O LATE BASAVEGOWDA AGED ABOUT 59 YEARS 6. SRI MAHADEVU, S/O LATE BASAVEGOWDA AGED ABOUT 56 YEARS 7. SMT.LINGAMMA D/O LATE BASAVEGOWDA AGED ABOUT 52 YEARS 8. SMT.BHAGYA D/O LATE BASAVEGOWDA AGED ABOUT 48 YEARS RESPONDNETS NO.1 TO 8 ARE RESIDING AT NO.467, JANATHA BADAVANE, YARAGANAHALLI, MYSURU - 570 011. 9. SRI A.C NAGARAJU S/O CHIKKANNA AGED ABOUT 45 YEARS, R/A AALAGUNDU VILLAGE, ARAKERE HOBLI, SRIRANGAPATANA TALUK, MANDAYA - 571 410. 10. SRI M.J APPUGOWDA S/O JAVAREGOWDA, AGED ABOUT 62 YEARS R/A KALAHALLI, ARAKERE HOBLI, 6TH CROSS, V.V. NAGARA, MANDYA - 571 410. - 3 - HC-KAR CNR: KAHC010611552026 NC: 2026:KHC:49374 CP No. 312 of 2026 11. SMT.NINGAMMA W/O LATE MOGANNA, AGED ABOUT 72 YEARS 12. SMT.LATHA W/O LATE MAHESH, AGED ABOUT 45 YEARS, 13. SMT.POOJA D/O LATE MAHESH AGED ABOUT 30 YEARS 14. SMT.THEJASHWINI D/O LATE MAHESH AGED ABOUT 27 YEARS 15. SRI VENKATESHA, S/O LATE MOGANNA, AGED ABOUT 52 YEARS 16. SRI MANJUNATHA, S/O LATE MOGANNA, AGED ABOUT 46 YEA 17. SRI BHARATHI D/O LATE MOGANNA, AGED ABOUT 47 YEARS RESPONDENTS 11 TO 17 ARE RESIDING AT NO.24, HONNAPPANA MANE ROAD, YARAGANAHALLI VILLAGE, KASABA HOBLI, MYSURU - 570 001. …RESPONDENTS THIS CP IS FILED U/S. 24 R/W SEC.151 OF CPC PRAYING TO TRANSFER AND TRANSMIT RFA NO.481/2020, ARISING FROM OS NO.785/2014, TO THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, MYSURU, UNDER SECTION 24(1)(a) OF CPC READ WITH SUBSTITUTED SECTION 19 OF THE KARNATAKA CIVIL COURTS ACT, 1964, AND ETC., - 4 - HC-KAR CNR: KAHC010611552026 NC: 2026:KHC:49374 CP No. 312 of 2026 THIS PETITION IS COMING ON FOR HEARING ON I.A., THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER This petition is filed under Section 24 read with Section 151 of Code Of Civil Procedure, 1908 (CPC) seeking following reliefs: "a) take note of the confirmed pendency of R.F.A. No.481/2020 before this Hon'ble Court at the notice- to-LRs stage and of R.A. No.91/2021 before the II Additional Senior Civil Judge and CJM, Mysuru, at the final- arguments stage; b) transfer and transmit R.F.A. No.481/2020, arising from O.S. No.785/2014, to the Principal District and Sessions Judge, Mysuru, under Section 24(1)(a) of CPC read with substituted Section 19 of the Karnataka Civil Courts Act, 1964; c) to withdraw R.A. No.91/2021 from the file of the II Additional Senior Civil Judge and CJM, Mysuru, under Section 24(1)(b) of CPC and transfer to District Judge/Additional District Judge before whom the transferred RFA is placed; d) direct that the two appeals be heard analogously or consecutively by the same Presiding Officer, while retaining separate records, separate points for determination and separate judgments, and further direct that I.A. No.2 in R.A. No.91/2021 be considered as the first threshold point; e) in the alternative, only if this Hon'ble Court concludes that R.F.A. No.481/2020 is to be lawfully retained before it, withdraw R.A. No.91/2021 pending in the files of Additional Senior Civil Judge and CJM, - 5 - HC-KAR CNR: KAHC010611552026 NC: 2026:KHC:49374 CP No. 312 of 2026 Mysuru, and to be place before this Hon'ble Court for analogous or consecutive hearing with the RFA; pass such other order as this Hon'ble Court deems fit in the interests of justice and equity." 2. Sri PN Rajeshwar, learned counsel for petitioners submitted that case of action for filing this petition arises out of two different suits being filed in respect of land bearing Sy.no.9/3 of Yaraganahalli village, Mysuru, wherein petitioners were defendants and staking their rights in respect of said land as legatees under Will. It was submitted that land bearing Sy.no.9/3 originally belonged to Smt.Muddamma. OS no.27/2012 was filed by Basavegowda and Basavaraju for permanent injunction in respect of 1 Acre 3 Guntas of land in Sy.no.9/3 claiming right under oral partition and arraying petitioners herein as defendants no.1 and 2 along with others. It was submitted that one Ningamma had filed suit for OS no.785/2014 for declaration of title and permanent injunction in respect of 2 Acres 9 Guntas in Sy.no.9/3, claiming rights under registered Sale Deed executed by son of Muddamma. It was submitted, petitioners herein were arrayed as defendants no.1 and 2 along with others. It was submitted in both suits, right in respect of land claimed by petitioners herein was as legatees of - 6 - HC-KAR CNR: KAHC010611552026 NC: 2026:KHC:49374 CP No. 312 of 2026 Muddamma. It was submitted, OS no.785/2014 was decreed on 31.10.2019. Though decree of declaration granted in favour of Ningamma was challenged in RFA no.481/2020, learned trial Judge in OS no.27/2012 relying heavily on decree in OS no.785/2014 granted injunction in favour of plaintiffs in OS no.27/2012 under decree dated 06.04.2021. It was submitted that petitioners have challenged said decree in RA no.19/2021. It was submitted that while appeal against decree in OS no.785/2014 was pending before this Court, appeal against decree in OS no.27/2012 was pending before Senior Civil Judge, Mysuru. 3. It was submitted, by Act no.33/2024, amending Section 19 of Karnataka Civil Courts Act, 1964 and decision of this Court in Smt.Narayanamma v. State of Karnataka (WP no.17588/2024 c/w WA no.200260/2025 disposed of on 08.07.2026) and its confirmation by Hon'ble Supreme Court in SLP(C)no.25075/2026, first appeal was required to be transferred to District Court. Consequently, two different Courts would be dealing with same subject matter and there was likelihood of contradictory judgments as well as denial of opportunity to petitioners herein as decree in declaration suit - 7 - HC-KAR CNR: KAHC010611552026 NC: 2026:KHC:49374 CP No. 312 of 2026 was found to be weighing heavily on Court dealing with injunction decree. On said ground, sought for allowing petition for transfer of RFA no.481/2020 pending before this Court to Court of Senior Civil Judge and CJM, Mysuru, presently dealing with RA no.91/2021 and to pass common judgment. 4. Heard learned counsel and perused material on record. 5. Though there is some substance in submission that decree of declaration of title granted in favour of Ningamma may not directly inure to benefit of plaintiffs in OS no.27/2012 and therefore decree in OS no.27/2012 without consideration of merits may be unsustainable, same however requires to be urged in pending appeal i.e., RA no.19/2021. Mere fact that petitioners were defendants in both suits and had taken common contention claiming as legatees in both suits would not impress this Court for transafer as OS no.27/2012 was pending for nine years and OS no.785/2014 was pending for five years during which petitioners herein had not filed application for clubbing/transfer. - 8 - HC-KAR CNR: KAHC010611552026 NC: 2026:KHC:49374 CP No. 312 of 2026 6. For aforesaid reasons, I do not find any justification for entertaining petition for transfer. Petition is dismissed. In view of dismissal, pending applications, if any, stand dismissed. Sd/- (RAVI V HOSMANI) JUDGE AV List No.: 1 Sl No.: 3