- 1 - HC-KAR NC: 2025:KHC:34230-DB RFA No. 2494 of 2007 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MR. JUSTICE UMESH M ADIGA REGULAR FIRST APPEAL NO. 2494 OF 2007 BETWEEN: 1. MR. V. NARAYANACHARI, S/O LATE MR. VENKATAKRISHNACHARI AGED ABOUT 76 YEARS, SINCE DEAD BY HIS LR'S 1(A) SRI. CHANDRACHARI, S/O LATE V.NARAYANACHARI, AGED ABOUT 63 YEARS, NO.65, 5TH MAIN,6TH CROSS, SAMPANGI RAMANAGARA, BANGALORE- 560 027. 2. MR. V NANJACHARI S/O LATE MR. VENKATAKRISHNACHAR, AGED ABOUT 64 YEARS, 3. MR. KRISHNACHARI S/O LATE MR. VENKATAKRISHNACHARI, AGED ABOUT 63 YEARS, ALL ARE RESIDING AT NO.65, 6TH CROSS, DIVISION NO.73, SAMPANGIRAMANGAR, BANGALORE-560 027. …APPELLANTS Digitally signed by ANNAPURNA G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34230-DB RFA No. 2494 of 2007 (BY SRI.K.G. SADASHIVAIAH, ADVOCATE FOR APPELLANT NO.1(A) (ABSENT), SRI.V. RAGHAVENDRA, ADVOCATE FOR APPELLANT NO.2 (ABSENT). SRI. SUNIL S. RAO, ADVOCATE FOR APPELLANT NO.3 (ABSENT)) AND: 1. MR. SUBBACHARI S/O MR. VEERARAGHAVACHARI AGED ABOUT 53 YEARS R/A NO.49, SOMESWARANAGAR, BYRAPPA COMPOUND, III CROSS IST MAIN ROAD, I BLOCK, JAYANAGAR, BANGALORE-011. 2. MRS. RUKKAMMA W/O MR M VENKATARAMANACHAR AGED ABOUT 71 YEARS R/A NO.15, 8TH CROSS, SOMESWARANAGAR, I BLOCK, JAYANAGAR, BANGALORE-011. 3. MRS. JAYAMMA D/O MR K. SUBBACHARI AGED ABOUT YEARS R/A NO.10, 4TH CROSS 5TH MAIN, SAMPANGIRAMANAGAR, BANGALORE-027. 4. MRS BHAGYAMMA W/O MR N BRAMAIAH MAJOR R/A NO.124, 4TH CROSS SOMESWARANAGAR, I BLOCK, JAYANAGAR, BANGALORE-011. - 3 - HC-KAR NC: 2025:KHC:34230-DB RFA No. 2494 of 2007 5. SMT. V. KAMAKSHAMMA W/O VENKATARAMANACHARI SINCE DEAD BY HER LR, V. NARAYANACHARI, AGED ABOUT 53 YEARS TEJESVINI NILAYAM, NEAR A.V. ENTERPRISES, DEVANAGUNDI, VIJAYANAGAR, TUMKUR-572 102. 6. SMT LAKSHMAMMA W/O RAJAGOPALACHARI AGED ABOUT 76 YEARS NO.65, 6TH CROSS, 6TH MAIN, SAMPANGIRAMANAGAR, BANGALORE-027 …RESPONDENTS (BY SRI. M.D. BASAVANNA AND MUNIRAJU, ADVOCATES FOR R1, VIDE ORDER DATED 12.11.2024, APPEAL AGAINST R2 IS ABATED, SRI.E. RAJAGOPAL, ADVOCATE FOR R3, R4 IS SERVED AND UNREPRESENTED, VIDE ORDER DATED 11.03.2024, APPEAL AGAINST R5 AND R6 IS ABATED AND DISMISSED) THIS RFA IS FILED U/O XLI RULE 1 R/W SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DT.7.9.07 PASSED IN OS NO. 1839/96 ON THE FILE OF THE XVIII ADDL. CITY CIVIL JUDGE, BANGALORE, PARTLY DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI and HON'BLE MR. JUSTICE UMESH M ADIGA - 4 - HC-KAR NC: 2025:KHC:34230-DB RFA No. 2494 of 2007 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE JAYANT BANERJI) No one appears for the appellants. Learned counsel for the respondents is present. The appeal is dismissed for non-prosecution. Sd/- (JAYANT BANERJI) JUDGE Sd/- (UMESH M ADIGA) JUDGE AG List No.: 1 Sl No.: 5