- 1 - HC-KAR NC: 2025:KHC:36253 RFA No. 1751 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH REGULAR FIRST APPEAL NO. 1751 OF 2021 (DEC/INJ) BETWEEN: SRI. Y. SAMUEL SON OF LATE YESUDAS AGED ABOUT 74 YEARS NO. 430 (SITE NO. 7) 1ST STAGE 2ND PHASE, 10TH A MAIN GOKUL EXTENSION YESHWANTHPUR BANGALORE-560 022 …APPELLANT (BY SRI. B SRINIVAS.,ADVOCATE) AND: 1. SRI. Y. VICTOR RAJU S/O. LATE YESUDAS SINCE DEAD BY HIS LRS. 1(a) SMT. MANJULA W/O. LATE VICTOR RAJU SINCE DECEASED BY HER LRS. 1(b) ROSHITHA AGED ABOUT 46 YEARS D/O. LATE VICTOR RAJU W/O. M. STEPHEN GNANA PRAKASAM VIDYA SHALA KUNTHI REDDY LAYOUT, JIGNI ANEKAL TALUK BANGALORE URBAN DISTRICT-562 106 Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36253 RFA No. 1751 of 2021 1(c) SMT. PERIS SARITHA AGED ABOUT 51 YEARS D/O. LATE VICTOR RAJU NO. 645, 19TH CROSS L.R. NAGAR VIVEKNAGAR POST BANGALORE-560 047 1(d) SMT. MILACHA BINITHA AGED ABOUT 49 YEARS D/O. LATE VICTOR RAJU W/O. ANTONY RAJ NO. 645, 19TH CROSS L.R. NAGAR, VIVEKNAGAR POST BANGALORE-560 047 1(e) SMT. CLAUDIA BINITHA AGED ABOUT 47 YEARS D/O. LATE VICTOR RAJU W/O. MOSS CHANDRASHEKAR NO.1134, 7TH CROSS HEGDE NAGAR BANGALORE 1(f) SMT. GRACE BINITHA AGED ABOUT 45 YEARS D/O. LATE VICTOR RAJU W/O. KUMAR NO. 647, 19TH CROSS L.R. NAGAR VIVEKNAGAR POST BANGALORE-560 047 1(g) AARON VICTOR AGED ABOUT 44 YEARS S/O. LATE VICTOR RAJU NO. 647, 19TH CROSS L.R. NAGAR, VIVEKNAGAR POST BANGALORE-560 047 - 3 - HC-KAR NC: 2025:KHC:36253 RFA No. 1751 of 2021 1(h) V. MARY RANI AGED ABOUT 42 YEARS D/O. LATE VICTOR RAJU NO. 647, 19TH CROSS L.R. NAGAR, VIVEKNAGAR POST BANGALORE-560 047 1(i) MERCY HARITUT AGED ABOUT 40 YEARS D/O. LATE VICTOR RAJU NO. 647, 19TH CROSS L.R. NAGAR, VIVEKNAGAR POST BANGALORE-560 047 2. Y. MOSSES S/O. LATE YESUDAS AGED ABOUT 80 YEARS NO. 16, D STREET JAYARAJANAGAR VIVEKANAGAR POST BANGALORE-560 047 3. SMT. ROSY W/O. S. PRABHAKAR AGED ABOUT 77 YEARS RESIDING AT C/O. M. S. SHAMANNA REDDY NO. 129, BASAWESHWARA NILAYA OLD MADIWALA, BTM LAYOUT BANGALORE-560 068 4. SMT. ESTHER W/O. LATE PRAKASH AGED ABOUT 78 YEARS RESIDING AT NO. 007, 2/1 S.V. HERITAGE HENNUR MAIN ROAD KACHARAKANAHALLI BANGALORE-560 084 - 4 - HC-KAR NC: 2025:KHC:36253 RFA No. 1751 of 2021 5. SMT. VIJAYAKUMARI W/O. H. O. LAXMAN AGED ABOUT 65 YEARS RESIDING AT NO. 15, 1ST CROSS 100 FEET RING ROAD EJIPURA VIVEKNAGAR POST BANGALORE-560 047 6. SRI. NARENDRA KUMAR S/O. SOHANLAL JAIN AGED ABOUT 39 YEARS RESIDING AT NO. 562 MATHIKERE MAIN ROAD OPPOSITE GOVERDHAN BUILDING YESHAVANTHAPURA BANGALORE-560 022 7. SRI. MAHAVEER KUMAR S/O. SOHANLAL JAIN AGED ABOUT 38 YEARS RESIDING AT NO. 562 MATHIKERE MAIN ROAD OPPOSITE GOVERDHAN BUILDING YESHAVANTHAPURA BANGALORE-560 022 …RESPONDENTS THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 09.03.2021 PASSED IN OS.No.952/2014 ON THE FILE OF THE VIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DISMISSING THE SUIT FOR DECLARATION AND INJUNCTION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC:36253 RFA No. 1751 of 2021 CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL JUDGMENT 1. Case called out. 2. The matter is listed for non-compliance of office objections for eighth time. Despite giving sufficient opportunities, the learned counsel for the appellant has failed to comply with the office objections. Therefore, it appears that he is not interested to proceed with the case. Hence, it is appropriate to dismiss the appeal for non-compliance of office objections. 3. Accordingly, the appeal stands dismissed for non- prosecution and non-compliance of office objections. Sd/- (S RACHAIAH) JUDGE UN List No.: 1 Sl No.: 4