- 1 - HC-KAR NC: 2025:KHC:37077-DB RFA No. 769 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE RAJESH RAI K REGULAR FIRST APPEAL NO. 769 OF 2023 (PAR) BETWEEN: MR. AVINASH AGED ABOUT 37 YEARS, SON OF LATE SHYAMA NAIK, BSI, 3RD FLOOR, SHIVA HERITAGE, 5TH AND 6TH CROSS, KUVEMPUNAGAR, DODDAKALLASANDRA, NEAR GOKULAM APARTMENT, BENGALURU. …APPELLANT (BY SRI. GAJENDRA S., ADVOCATE) AND: 1. MRS. SHAMBAVI BAI AGED ABOUT 67 YEARS, D/O. LATE APPU NAIK, W/O. SRI. THIMAPPA. V, R/AT NO. 3-49/2, THRIVENI, GANDHINAGAR, BEHIND RAMANJANEYA STORE, KAVOOR, MANGALORE. 2. MRS. JYOTHI RAJASHEKARA NAIK Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37077-DB RFA No. 769 of 2023 AGED ABOUT 51 YEARS, D/O. LATE APPU NAIK, W/O. SRI. RAJASHEKAR NAIK, RESIDING AT NO. 105/1, CHARA (SITE), NAVODAYA, CHARA, UDUPI. 3. MRS. YASHODA AGED ABOUT 58 YEARS, W/O. LATE PRABHAKARA, NO. 2-71, NEKKILADI, PUTTUR, DAKSHINA KANNADA. 4. MR. SANDEEPA. N AGED ABOUT 34 YEARS, S/O. LATE PRABHAKARA, NO.2-51, SANTHEKATTE, NEKKILADY, PUTTUR, DAKSHINA KANNADA. 5. MR. SACHIN N AGED ABOUT 28 YEARS, S/O. LATE PRABHAKARA, R/AT NO. 2-71, NEKKILADI, PUTTUR, DAKSHINA KANNADA. 6. MR. PRAKASH NAIK AGED ABOUT 54 YEARS, S/O. LATE SUSHEELA, RESIDING AT GANDHINAGARA, MANDADI JEDDU POST, CHARA, UDUPI DISTRICT. 7. MRS. ASHA NAIK AGED ABOUT 53 YEARS, D/O. LATE SUSHEEL, W/O. SRI. SANJEEVA NAIK, R/AT NO. 1-83, GANDHINAGARA, CHARA, HEBRI, UDUPI DISTRICT. - 3 - HC-KAR NC: 2025:KHC:37077-DB RFA No. 769 of 2023 8. MRS. LATHA AGED ABOUT 62 YEARS, W/O. LATE SHYAMA NAIK, RESIDING AT VANISHREE NILAYA, 34, NEKKILADY, NIKKILADY POST AND VILLAGE, NEAR SANTHE MARKET, UPPINAGANDY, PUTTUR TALUK, DAKSHINA KANNADA. 9. MRS. VANISHREE AGED ABOUT 42 YEARS, D/O. LATE SHYAMA NAIK, W/O. SRI. RAJESH. K, RESIDING AT VANISHREE NILAYA, 34, NEKKILADY, NIKKILADY POST AND VILLAGE, NEAR SANTHE MARKET, UPPINAGANDY, PUTTUR TALUK, DAKSHINA KANNADA. 10. MRS. VEENASHREE AGED ABOUT 41 YEARS, D/O. LATE SHYAMA NAIK, W/O. SRI. KAUSHIK, FLAT NO. 402, 3RD FLOOR, GLOBAL VISTA APARTMENT, PATTANGERE, RAJARAJESHARINAGAR, BANGALORE-560 098. …RESPONDENTS THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 16.01.2023 PASSED IN OS.NO.26/2022 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND ACJM, UDUPI, DECREEING THE SUIT FOR PARTITION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:37077-DB RFA No. 769 of 2023 CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE RAJESH RAI K) We have heard the learned counsel for the appellant. 2. Till today, office objections are not complied with. Therefore, in view of the peremptory order dated 18.09.2024 passed by this Court, no further order is required. 3. Accordingly, the appeal stands dismissed for non-prosecution. SD/- (ANU SIVARAMAN) JUDGE SD/- (RAJESH RAI K) JUDGE HKV List No.: 4 Sl No.: 14