- 1 - HC-KAR NC: 2025:KHC:50096-DB RFA No. 1352 of 2012 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MR. JUSTICE K. V. ARAVIND REGULAR FIRST APPEAL No. 1352 OF 2012 (PAR/POS) BETWEEN: 1. Narayanappa Since deceased by LR's 1(a) Smt. Sharadamma Aged about 52 years, W/o of Narayanappa 1(b) Smt. Bhagyalakshmi, Aged about 37 years, D/o late Narayanappa, W/o Sri Prakash. Both residing at No.18, BEML Layout, II Stage, II Cross, Bangalore-560 079. 2. Sri Hombanna, Aged about 69 years. Since deceased by LRs 2(a) to 2(d) impleaded as per the order of this Hon'ble court 2(a) Smt. Gangalakshmi, W/o Bettegowda, D/o Late Hombanna, Aged about 52 years, R/at No.6/A, 2nd main Road Shri Kempannavoanama Nilaya, Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50096-DB RFA No. 1352 of 2012 Gnanaganga Nagar, Bengaluru-560056. 2(b) Sri Raja, S/o Late Hombanna, Aged about 49 years, R/at 4th Cross, Ullal Main Road, 4th Site, Venkateswara Nilaya, Gnanajyothi Nagar, Bengaluru-560056. 2(c) Sri. Srinivas, S/o Late Hombanna, Aged about 47 years, R/at 6th Cross, Ullal Main Road, 3rd Site, Hanumakka Ombanna Nilaya, Gnanajyothi Nagar, Bengaluru-560056. 2(d) Smt. Saraswathi, W/o Muniraju, D/o Late Hombanna, Aged about 44 years, R/at Samruddhi, 105/3, Sri Lakshmi Nilaya, 4th Cross Road, Near Kundalamma Park, NGEF Layout, Mallathahalli, Bengaluru-560 056. 3. Sri Puttamarappa, Aged about 67 years, S/o late Venkataramanappa. 4. Sri Venkateshappa Since deceased by LR's 4(a) Smt. Gangamma W/o late Venkateshappa Aged about 50 years. 4(b) Krishna Murthy S/o late Venkateshappa Aged about 35 years. 4(c) Sri Rangaswamy S/o late Venkateshappa Aged about 32 years. - 3 - HC-KAR NC: 2025:KHC:50096-DB RFA No. 1352 of 2012 4(d) Sri Umesh S/o late Venkateshappa Aged about 28 years No.4(a) to 4(d) are the Legal representatives of Deceased Appellant No.4 and Impleaded as per the order of this Hon'ble Court. No.4 (a) to 4(d) are residing at No.46, Lakshmidevi Nilaya, 4th Cross, Ullala Main Road, Gnanajyothinagar, Bangalore-560 056. 5. Sri Hanumaiah Since deceased by LR's 5(a) Smt. C.G. Indiramma Aged about 49 years, W/o late Hanumaiah. 5(b) Sri Vinod, Aged about 29 years, S/o late Hanumaiah. 5(c) Smt. Kavitha, Aged about 27 years, S/o late Hanumaiah. 5(d) Sri Nanda Kumar, S/o late Hanumaiah, Aged about 25 years. Defendants 5(a) to 5(d) are Residing at Mallathahalli Village, Gnanabharathi Post, Bangalore - 56. &APPELLANTS (By Sri V. Vijayashekara Gowda, Advocate for A1(a & b), A2(a - d) A3 & A5(a - d)(Absent); Sri N. Kumar, Advocate for Lrs of A4(a-d) (absent) - 4 - HC-KAR NC: 2025:KHC:50096-DB RFA No. 1352 of 2012 AND: 1. Krishnappa, Aged about 73 years, Since dead by LRs 1(a) Smt. Akkamma, W/o Late Krishnappa, Since Deceased represented by Lrs 1(b) to 1(f) 1(b) Smt. Lakshmi Devi, D/o late Krishnappa, & W/o Gangadaraiah B H Aged about 56 years, R/at Sharada Cross, Sompura Hobli, Nelamangala Taluk, Bangalore Rural District. 1(c) Sri. Hanumaiah, S/o late Krishanappa, Aged about 50 Years, No.6/1, 5th C Cross, Kengal Hanumanthaiah Road, Kengunte, Mallathhalli, Bangalore-560 056 1(d) Sri Jayaram, S/o late Krishanappa, (since dead by LRs) 1d(a) Smt. Mahalakshmi, W/o Late Jayaram, Aged about 43 years, 1d(b) Sri. Vasu.J, S/o Late Jayaram, Aged about 28 years, 1d(c) Sri Anil Kumar J, S/o Late Jayaram, Aged about 22 years, - 5 - HC-KAR NC: 2025:KHC:50096-DB RFA No. 1352 of 2012 1d(a) to 1d(c)are all R/at No.6/1, 5th C Cross, Kengal Hanumanthaiah Road, Kengunte, Mallathhalli, Bangalore-560 056 All are R/ at No.6/1, 5th C Cross, Kengal Hanumanthaiah Road, Kengunte, Mallathhalli, Bangalore-560 056 1(e) Smt. Vanaja, D/o late Krishanappa, W/o Late Nanjundappa B, Aged about 42 Years, R/at No.12/3, Balakrishnappa Circle, Sreedharagudda, Bangalore-560 060 1(f) Sri. RangeGowda, S/o late Krishanappa, Aged about 38 Years, R/ at No.6/1, 5th C Cross, Kengal Hanumanthaiah Road, Kengunte, Mallathhalli, Bangalore-560.056 2. Shree Matha Amruthamayi Trust, Represented by Sri Matha Amruthanandamayi, No.1, Ullala Cross Road, Gnanabharathi II Stage, Bangalore-560.056. Puttaswamappa since deceased By LR's 3. Smt. Byramma W/o late Puttaswamappa, Aged about 65 years. 4. Sri. Nagaraja S/o late Puttaswamappa Aged about 40 years - 6 - HC-KAR NC: 2025:KHC:50096-DB RFA No. 1352 of 2012 5. Smt. Radhamma D/o late Puttaswamappa, Aged about 45 years. 6. Smt. Gangalakshmamma D/o late Puttaswamappa, Aged about 38 years. 7. Smt. Anasuya D/o late Puttaswamappa, Aged about 35 years. Respondents No.3 to 7 Are residing at 6th Cross, Ullala Main Road, Mallathahalli Village, Gnanabharathi Post, Bangalore - 56. &RESPONDENTS (By Sri Prabhugoud B. Tumbagi, advocate for R1(a)(b,c,e & f) and R1(d)(a-c); Sri Jagadish Mundaragi, advocate for R2 (vide order dated 07.11.2022 notice dispensed with); R3, R4, R5, R6 & R7 served R1(b-f) are Lrs of deceased R1(a)) This RFA is filed under Section 96, r/w order 41 Rule 1 of CPC, against the Judgment and Decree dated:13.06.2012 passed in O.S. No.931/2005 on the file of the XLII Addl. City Civil & Sessions Judge, Bangalore, decreeing the suit for partition & separate possession. This Appeal, coming on for 'Dismissal', this day, Judgment was delivered therein as under: CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI and HON'BLE MR. JUSTICE K. V. ARAVIND - 7 - HC-KAR NC: 2025:KHC:50096-DB RFA No. 1352 of 2012 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE JAYANT BANERJI) This case is listed for dismissal, inasmuch as on the previous occasion no one had appeared for the appellants to press the appeal. Even earlier, when the matter was listed on 12.06.2025, no one had appeared for the appellants. 2. No one appears for the appellants even today, though the learned counsel for the respondents is present. It appears that the appellants are not interested to pursue the appeal. The appeal is, therefore, dismissed. Sd/- (JAYANT BANERJI) JUDGE Sd/- (K. V. ARAVIND) JUDGE VBS List No.: 1 Sl No.: 2