K NANDAKUMAR vs K VENKATESH
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:47267
RFA No. 1281 of 2011
C/W RFA No. 1201 of 2011
RFA No. 226 of 2013
AND 5 OTHERS
CNR: KAHC010597342011
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 11 DAY OF AUGUST, 2026
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
REGULAR FIRST APPEAL NO.1281 OF 2011 (SP)
C/W
REGULAR FIRST APPEAL NO.1201 OF 2011 (SP)
REGULAR FIRST APPEAL NO.226 OF 2013 (SP)
REGULAR FIRST APPEAL NO.227 OF 2013 (SP)
REGULAR FIRST APPEAL NO.228 OF 2013 (SP)
REGULAR FIRST APPEAL NO.229 OF 2013 (SP)
REGULAR FIRST APPEAL NO.230 OF 2013 (SP)
REGULAR FIRST APPEAL NO.231 OF 2013 (SP)
IN RFA No.1281/2011:
BETWEEN:
1. K. NANDAKUMAR,
S/O LATE K B KRISHNAPPA,
AGED ABOUT 39 YEARS,
R/AT NO.39, PALACE ROAD,
BANGALORE-560052.
2. SMT. JANAKI KRISHNAPPA,
W/O LATE K B KRISHNAPPA,
AGED ABOUT 63 YEARS,
R/AT NO.39, PALACE ROAD,
BANGALORE-560062.
3. SMT. JOTHSNA,
D/O LATE K B KRISHNAPPA,
AGED ABOUT 43 YEARS,
R/AT NO.39, PALACE ROAD,
Digitally signed
by RAKESH S
HARIHAR
Location: High
Court of
Karnataka,
Dharwad Bench
- 2 -
HC-KAR
NC: 2026:KHC:47267
RFA No. 1281 of 2011
C/W RFA No. 1201 of 2011
RFA No. 226 of 2013
AND 5 OTHERS
CNR: KAHC010597342011
BANGALORE-560052.
4. SMT. LALANA,
D/O LATE K B KRISHNAPPA,
AGED ABOUT 41 YEARS,
R/AT 1350, 4TH CROSS, 10TH MAIN,
JUDICIAL LAYOUT, GKVK POST,
BANGALORE.
…APPELLANTS
(BY SRI SRINIVASA RAGHAVAN, SENIOR ADVOCATE A/W
SRI. ABHINAY V, ADVOCATE FOR A-1;
SRI C.M NAGABHUSHANA, ADVOCATE FOR A-2;
SRI P. LAKSHMINARAYANA, ADVOCATE FOR A-3 & A-4)
AND:
1. K VENKATESH,
R/AT NO.74/2, 100 FEET RING ROAD,
B.T.M, 1ST STAGE, 1ST PHASE,
BANGALORE-560068.
2. SMT. CHAYA,
D/O LATE K B KRISHNAPPA,
AGED ABOUT 45 YEARS,
R/AT NO.545, 9TH CROSS,
J P NAGAR, IIIRD PHASE,
BANGALORE-78.
…RESPONDENTS
(BY SRI PIYUSH KUMAR JAIN, ADVOCATE FOR R-1;
VIDE ORDER DATED 20/08/2014, R-3 CONTINUES TO BE
R-2 AND NOTICE TO R-2 IS DISPENSED WITH;
VIDE ORDER DATED 23.01.2014, R-2, R-4 AND 5 ARE
TRANSPOSED AS A-2, 3 & 4)
THIS RFA IS FILED U/SEC.96 OF CPC, AGAINST THE
JUDGMENT AND DECREE DATED 18.04.2011 PASSED IN
O.S.87/2009 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
JMFC, NELAMANGALA, DECREEING THE SUIT FOR THE
SPECIFIC PERFORMANCE.
- 3 -
HC-KAR
NC: 2026:KHC:47267
RFA No. 1281 of 2011
C/W RFA No. 1201 of 2011
RFA No. 226 of 2013
AND 5 OTHERS
CNR: KAHC010597342011
IN RFA NO. 1201/2011
BETWEEN:
SMT. JANAKI KRISHNAPPA,
S/O LATE K B KRISHNAPPA,
AGED ABOUT 63 YEARS,
R/AT NO.39, PALACE ROAD,
BANGALORE 560 052.
...APPELLANT
(BY SRI C M NAGABHUSHANA, ADVOCATE)
AND:
K KRISHNAPPA,
S/O T N KUPPAIAH NAIDU,
AGED ABOUT 67 YEARS,
R/AT NO.74/2, 100 FEET RING ROAD,
B.T.M. 1ST STAGE, 1ST PHASE,
BANGALORE 560 068.
...RESPONDENT
(BY SRI SOURABH R K AND SRI PIYUSH KUMAR JAIN,
ADVOCATES)
THIS RFA IS FILED U/SEC.96 OF THE CPC, AGAINST THE
JUDGMENT AND DECREE DATED 18.04.2011 PASSED IN
O.S.90/2009 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
JMFC., NELAMANGALA, DECREEING THE SUIT FOR THE
SPECIFIC PERFORMANCE AND PERMANENT INJUNCTION.
IN RFA NO. 226/2013
BETWEEN:
K NANDAKUMAR,
S/O LATE K.B KRISHNAPPA,
AGED ABOUT 39 YEARS,
R/AT NO.39, PALACE ROAD,
BANGALORE-560052.
- 4 -
HC-KAR
NC: 2026:KHC:47267
RFA No. 1281 of 2011
C/W RFA No. 1201 of 2011
RFA No. 226 of 2013
AND 5 OTHERS
CNR: KAHC010597342011
...APPELLANT
(BY SRI SRINIVASA RAGHAVAN, SENIOR ADVOCATE A/W
SRI ABHINAY V, ADVOCATE)
AND:
1. A.G MANJULA,
W/O K KRISHNAPPA,
MAJOR,
R/AT NO.74/2, 100 FEET RING ROAD,
B.T.M. 1ST STAGE, 1ST PHASE,
BANGALORE-560 068.
2. SMT. JANAKI KRISHNAPPA,
W/O LATE K.B KRISHNAPPA,
AGED ABOUT 63 YEARS,
R/AT NO.39, PALACE ROAD,
BANGALORE-560 052.
...RESPONDENTS
(BY SRI C JAGADISH, ADVOCATE FOR R-1;
SRI C.M NAGABHUSHANA, ADVOCATE FOR R-2)
THIS RFA IS FILED UNDER SECTION 96 OF THE CPC,
PRAYING TO CALL FOR RECORDS AND SET ASIDE THE
JUDGMENT AND DECREE PASSED BY THE COURT OF THE
SENIOR CIVIL JUDGE, J.M.F.C., NELAMANGALA DATED
18/04/2011 DECREEING THE SUIT OS 94/2009, DISMISS TEH
SAID SUIT.
IN RFA NO. 227/2013
BETWEEN:
K NANDAKUMAR,
S/O LATE K.B KRISHNAPPA,
AGED ABOUT 39 YEARS,
R/AT NO.39, PALACE ROAD,
BANGALORE-560 052.
...APPELLANT
(BY SRI SRINIVASA RAGHAVAN, SENIOR ADVOCATE A/W
- 5 -
HC-KAR
NC: 2026:KHC:47267
RFA No. 1281 of 2011
C/W RFA No. 1201 of 2011
RFA No. 226 of 2013
AND 5 OTHERS
CNR: KAHC010597342011
SRI ABHINAY V, ADVOCATE)
AND:
1. K VENKATESH,
S/O K KRISHNAPPA,
AGED MAJOR,
R/AT NO.74/2, 100 FEET RING ROAD,
B.T.M. 1ST STAGE, 1ST PHASE,
BANGALORE-560 068.
2. SMT. JANAKI KRISHNAPPA,
W/O LATE K.B KRISHNAPPA,
AGED ABOUT 63 YEARS,
R/AT NO.39, PALACE ROAD,
BANGALORE-560 052.
...RESPONDENTS
(BY SRI C JAGADISH, ADVOCATE FOR R-1;
SRI C.M NAGABHUSHANA, ADVOCATE FOR R-2)
THIS RFA IS FILED UNDER SECTION 96 OF THE CPC,
PRAYING TO CALL FOR THE RECORDS AND SET ASIDE THE
JUDGMENT AND DECREE PASSED BY THE COURT OF THE
SENIOR CIVIL JUDGE, JMFC, NELAMANGALA DATED
18.04.2011 DECREEING THE SUIT O.S 93/2009.
IN RFA NO. 228/2013
BETWEEN:
K NANDAKUMAR,
S/O LATE K.B KRISHNAPPA,
AGED ABOUT 39 YEARS,
R/AT NO.39, PALACE ROAD,
BANGALORE-560 052.
...APPELLANT
(BY SRI SRINIVASA RAGHAVAN, SENIOR ADVOCATE A/W
SRI ABHINAY V, ADVOCATE)
- 6 -
HC-KAR
NC: 2026:KHC:47267
RFA No. 1281 of 2011
C/W RFA No. 1201 of 2011
RFA No. 226 of 2013
AND 5 OTHERS
CNR: KAHC010597342011
AND:
1. K SRINIVAS,
S/O K KRISHNAPPA,
AGED MAJOR,
R/AT NO.74/2, 100 FEET RING ROAD,
B.T.M. 1ST STAGE, 1ST PHASE,
BANGALORE-560 068.
2. SMT. JANAKI KRISHNAPPA,
W/O LATE K.B KRISHNAPPA,
AGED ABOUT 66 YEARS,
R/AT NO. 39, PALACE ROAD,
BANGALORE-560 052.
...RESPONDENTS
(BY SRI C JAGADISH, ADVOCATE FOR R-1;
SRI C.M NAGABHUSHANA, ADVOCATE FOR R-2)
THIS RFA IS FILED UNDER SECTION 96 OF CPC, PRAYING
TO CALL FOR THE RECORDS AND SET ASIDE THE JUDGMENT
AND DECREE PASSED BY THE COURT OF THE SENIOR CIVIL
JUDGE, JMFC, NELAMANGALA DATED 18.04.2011 DECREEING
THE SUIT OS 92/2009, DISMISS THE SAID SUIT.
IN RFA NO. 229/2013
BETWEEN:
K NANDAKUMAR,
S/O LATE K.B KRISHNAPPA,
AGED ABOUT 39 YEARS,
R/AT NO.39, PALACE ROAD,
BANGALORE-560 052.
...APPELLANT
(BY SRI SRINIVASA RAGHAVAN, SENIOR ADVOCATE A/W
SRI ABHINAY V, ADVOCATE)
AND:
1. K KRISHNAPPA,
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HC-KAR
NC: 2026:KHC:47267
RFA No. 1281 of 2011
C/W RFA No. 1201 of 2011
RFA No. 226 of 2013
AND 5 OTHERS
CNR: KAHC010597342011
S/O T.N KUPPAIAH NAIDU,
AGED ABOUT 69 YEARS,
R/AT NO. 74/2, 100 FEET RING ROAD,
B.T.M 1ST STAGE, 1ST PHASE,
BANGALORE-560 068.
2. SMT. JANAKI KRISHNAPPA,
W/O LATE K.B KRISHNAPPA,
AGED ABOUT 66 YEARS,
R/AT NO. 39, PALACE ROAD,
BANGALORE-560 052.
...RESPONDENTS
(BY SRI C JAGADISH, ADVOCATE FOR R-1;
SRI C.M NAGABHUSHANA, ADVOCATE FOR R-2)
THIS RFA IS FILED UNDER SECTION 96 OF THE CPC,
PRAYING TO CALL FOR TEH RECORDS AND SET ASIDE THE
JUDGMENT AND DECREE PASSED BY THE COURT OF THE
SENIOR CIVIL JUDGE, JMFC, NELAMANGALA DATED
18.04.2011 DECREEING THE SUIT OS 91/2009, DISMISS TEH
SAID SUIT.
IN RFA NO. 230/2013
BETWEEN:
K NANDAKUMAR,
S/O LATE K.B KRISHNAPPA,
AGED ABOUT 39 YEARS,
R/AT NO.39, PALACE ROAD,
BANGALORE-560 052.
...APPELLANT
(BY SRI SRINIVASA RAGHAVAN, SENIOR ADVOCATE A/W
SRI ABHINAY V, ADVOCATE)
AND:
1. K SRINIVAS,
S/O K KRISHNAPPA,
AGED MAJOR,
- 8 -
HC-KAR
NC: 2026:KHC:47267
RFA No. 1281 of 2011
C/W RFA No. 1201 of 2011
RFA No. 226 of 2013
AND 5 OTHERS
CNR: KAHC010597342011
R/AT NO.74/2, 100 FEET RING ROAD,
B.T.M. 1ST STAGE, 1ST PHASE,
BANGALORE-560 068.
2. SMT. JANAKI KRISHNAPPA,
W/O LATE K.B KRISHNAPPA,
AGED ABOUT 66 YEARS,
R/AT NO. 39, PALACE ROAD,
BANGALORE-560 052.
3. SMT. CHAYA,
D/O LATE K B KRISHNAPPA,
AGED ABOUT 45 YEARS,
R/AT NO.545, 9TH CROSS,
J P NAGAR IIIRD PHASE,
BANGALORE-78.
4. SMT. JYOTHSNA,
D/O LATE K B KRISHNAPPA,
AGED ABOUT 43 YEARS,
R/AT NO.39, PALACE ROAD,
BANGALORE-560052.
5. SMT. LALANA,
D/O LATE K B KRISHNAPPA,
AGED ABOUT 41 YEARS,
R/AT 1350, 4TH CROSS, 10TH MAIN,
JUDICIAL LAYOUT, GKVK POST,
BANGALORE.
...RESPONDENTS
(BY SRI C JAGADISH, ADVOCATE FOR R-1;
SRI C.M NAGABHUSHANA, ADVOCATE FOR R-2;
SRI SATISH G RAIKAR, ADVOCATE FOR R-4 & R-5)
THIS RFA IS FILED UNDER SECTION 96 OF CPC, PRAYING
TO CALL FOR THE RECORDS AND SET ASIDE THE JUDGMENT
AND DECREE PASSED BY THE COURT OF THE SENIOR CIVIL
JUDGE JMFC, NELAMANGALA DATED 18.04.2011 DECREEING
THE SUIT OS 88/2009, DISMISS THE SAID SUIT.
- 9 -
HC-KAR
NC: 2026:KHC:47267
RFA No. 1281 of 2011
C/W RFA No. 1201 of 2011
RFA No. 226 of 2013
AND 5 OTHERS
CNR: KAHC010597342011
IN RFA NO. 231/2013
BETWEEN:
SMT. JANAKI KRISHNAPPA,
W/O LATE K.B KRISHNAPPA,
AGED ABOUT 63 YEARS,
R/AT NO. 39, PALACE ROAD,
BANGALORE-560 052.
...APPELLANT
(BY SRI C M NAGABHUSHANA, ADVOCATE)
AND:
A.G MANJULA,
W/O K KRISHNAPPA,
AGED ABOUT 58 YEARS,
R/AT NO.74/2, 100 FEET RING ROAD,
B.T.M 1ST STAGE, 1ST PHASE,
BANGALORE-560 068.
...RESPONDENT
(BY SRI C JAGADISH, ADVOCATE)
THIS RFA IS FILED UNDER SECTION 96 OF THE CPC,
PRAYING TO CALL FOR RECORDS AND SET ASIDE THE
JUDGMENT AND DECREE PASSED BY THE COURT OF THE
SENIOR CIVIL JUDGE, JMFC, NELAMANGALA DATED
18.04.2011 DECREEING THE SUIT OS 89/2009 AND DISMISS
THE SAID SUIT AND ALLOW THE APPEAL.
THESE APPEALS, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
- 10 -
HC-KAR
NC: 2026:KHC:47267
RFA No. 1281 of 2011
C/W RFA No. 1201 of 2011
RFA No. 226 of 2013
AND 5 OTHERS
CNR: KAHC010597342011
ORAL JUDGMENT
The appellants are before this Court challenging a
common judgment dated 18.04.2011, passed by the Senior
Civil Judge, J.M.F.C., Nelamangala, in O.S.No.87, 88, 89, 90,
91, 92, 93 and 94 of 2009, granting relief as sought for by the
plaintiffs and directing the appellants to execute a registered
sale deed and permanently restraining alienation of the suit
schedule properties.
2. Heard Sri Srinivas Raghavan, learned senior
counsel, along with Sri Abhinay V, Sri C.M. Nagabhushana,
Sri P. Lakshminarayan, learned counsel appearing for the
respective appellant/s, Sri Sourabh R.K., for Sri Piyush Kumar
Jain, Sri C. Jagadish, Sri Satish G. Raikar, learned counsel
appearing for the respective respondent/s in these appeals.
Sri C.M. Nagabhushana, learned counsel, appears for
respondent No.2 in RFA.Nos.226/2013, 227/2013, 228/2013,
229/2013 and 230/2013.
3. In light of the judgment rendered by the Division
Bench of this Court in WP.No.17588/2024 c/w
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HC-KAR
NC: 2026:KHC:47267
RFA No. 1281 of 2011
C/W RFA No. 1201 of 2011
RFA No. 226 of 2013
AND 5 OTHERS
CNR: KAHC010597342011
WA.No.200260/2025 dated 08.07.2026 , upholding the
constitutional validity of the Karnataka High Court
(Amendment) Act, 2023 and the Karnataka Civil Courts
(Amendment) Act, 2023; which comes to be affirmed by the
Hon'ble Supreme Court in SLP(C).No.025075/2026 dated
03.08.2026 followed by a circular dated 01.09.2026, which
reads as follows:
“CIRCULAR
As the constitutional validity of the Karnataka High
Court (Amendment) Act, 2023 and The Karnataka Civil
Courts (Amendment) Act, 2023 have been upheld in
terms of the judgment dated 24.09.2025 in W.P.
No.201536/2024 and the common judgment dated
08.07.2026 in W.P. No. 17588/2024 C/W W.A.
No.200260/2025 and the Special Leave Petitions
(Civil) Diary No.41602/2026 vide order dated
03.08.2026 , in suppression of circulars issued previously
by this office from time to time, this circular is issued to
guide the pending branches in the Principal Bench,
Bengaluru and Benches at Dharwad and Kalaburagi as
well as the Officers/Officials of the District Judiciary.
The Hon'ble Division Bench has upheld the
constitutional validity of order in W.P. No.201536/2024
by common judgment in W.P.No.17588/2024 c/w
W.A.No. 200260/2025, as a result, the concluded matters
and the orders passed in the pending cases covered by
the said amendments are saved.
Thus all the pending cases covered by the
aforesaid amendments shall stand transferred to
the respective jurisdictional courts with immediate
effect .”
(Emphasis added)
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HC-KAR
NC: 2026:KHC:47267
RFA No. 1281 of 2011
C/W RFA No. 1201 of 2011
RFA No. 226 of 2013
AND 5 OTHERS
CNR: KAHC010597342011
The Registry is directed to take steps to transfer these
appeals to the appropriate Court.
4. The Registry is further directed to send these appeal
papers along with trial Court records to the said Court in
accordance with Section 19 of the Karnataka Civil Courts
(Amendment) Act, 2023, which reads as follows:
“ 19. Appeals from Senior Civil Judge.- Appeals
from the decrees and orders passed by a Senior Civil
Judge in original suits and proceedings of a civil nature,
shall, when such appeals are allowed by law, lie to the
District Court”
5. For statistical purposes, the appeals stand
.
disposed
6. Pending applications, if any, shall be considered by
the transferee Court.
Sd/-
(M.NAGAPRASANNA)
JUDGE
NVJ
List No.: 2 Sl No.: 114