- 1 - HC-KAR NC: 2025:KHC:35501-DB RFA No. 170 of 2012 C/W RFA.CROB No. 18 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH 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. 170 OF 2012 (PAR) C/W RFA CROSS OBJECTION NO. 18 OF 2017 (PAR) IN RFA.No.170/2012 IN RFA No. 170/2012 : BETWEEN: SMT. HEMALATHA V.M., W/O G. MUNIRAJU, AGED ABOUT 40 YEARS, D/O LATE VENKATARAJU M.S. R/AT NO.12,1ST FLOOR, 15TH CROSS, 6TH TEMPLE ROAD, MALLESHWARAM, BANGALORE-560 003. …APPELLANT (BY SRI. SRIDHAR B.R., ADVOCATE FOR SRI. M. SHIVAPRAKASH, ADVOCATE) AND: 1. SMT. C. RANGAMMA SINCE DECEASED BY HER LR'S SRI V. CHANDRASHEKAR S/O LATE VENKATARAJU. M.S., AGED ABOUT 50 YEARS, Digitally signed by ANNAPURNA G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35501-DB RFA No. 170 of 2012 C/W RFA.CROB No. 18 of 2017 2. SRI. V. KIRAN KUMAR, S/O LATE VENKATARAJU M.S. AGED ABOUT 35 YEARS, NO.1 TO 2 ARE RESIDING AT NO.196/2, 2ND CROSS, CHIKKANNA GARDEN, KEMPEGOWDA NAGAR, BANGALORE-560 018. 3. SRI. V. NANDA KUMAR, S/O LATE VENKATARAJU M.S. AGED ABOUT 38 YEARS, RESIDING AT NO.12, 1ST FLOOR, 5TH CROSS, 6TH TEMPLE ROAD, MALLESHWARAM, BANGALORE -560 003. 4. SMT. V. KAMALA W/O DR. ESHWARAM, D/O LATE VENKATARAJU M.S., AGED ABOUT 48 YEARS, R/AT NO.377,4TH AVENUE, 2ND "E" MAIN, TEACHER'S COLONY, KORAMANGALA, BANGALORE-560 034. 5. SMT. V. LEELA W/O JAGANNATH, D/O LATE VENKATARAJU M.S., AGED ABOUT 46 YEARS, R/AT NO.210/1, 16TH CROSS, 4TH MAIN, MALLESHWARAM, BANGALORE-560 003. 6. SMT. V. SARALA W/O K.R. SADANAND, D/O LATE VENKATARAJU M.S., AGED ABOUT 38 YEARS, - 3 - HC-KAR NC: 2025:KHC:35501-DB RFA No. 170 of 2012 C/W RFA.CROB No. 18 of 2017 R/AT NO.12, 15TH CROSS, 6TH TEMPLE ROAD, MALLESHWARAM, BANGALORE- 560 003. 7. SMT. V. KEERTHI CHANDRIKA W/O HARISH, D/O LATE VENKATARAJU M.S., AGED ABOUT 34 YEARS, R/AT NO.65/2, RAMA IYENGAR ROAD, V.V. PURAM, BANGALORE -560 004. …RESPONDENTS (BY SRI. B. ROOPESHA, ADVOCATE FOR R1, R3 AND R5, AND R2, R6 AND R7 ARE SERVED AND UNREPRESENTED, SRI.PRANAV, ADVOCATE FOR SRI.B.R.VISHWANATH, ADVOCATE FOR R4) THIS RFA IS FILED U/SEC.96, OF CPC, PRAYING TO CALL FOR THE ENTIRE RECORDS IN O.S.NO.8057/2006, ON THE FILE OF XXII ADDITIONAL CITY CIVIL JUDGE, BANGALORE, DATED 02.11.2011 AND TO DECREE THE SUIT FULLY AND CONSEQUENTLY MODIFY THE JUDGMENT AND DECREE IN O.S.NO.8057/2006, ON THE FILE OF XXII ADDITIONAL CITY CIVIL JUDGE, BANGALORE, DATED 02.11.2011, BY GRANTING DECREE FOR PARTITION IN RESPECT OF SUIT SCHEDULE ITEM NO.2 OF THE PROPERTY AND ETC., IN RFA.CROB NO. 18/2017 BETWEEN: 1. SRI. V. CHANDRASHEKAR S/O LATE VENKATARAJU M.S. AGED ABOUT 58 YEARS, - 4 - HC-KAR NC: 2025:KHC:35501-DB RFA No. 170 of 2012 C/W RFA.CROB No. 18 of 2017 2. SRI.V.KIRAN KUMAR S/O LATE VENKATARAJU M.S. AGED ABOUT 43 YEARS, NO.1 AND 2 ARE RESIDING AT NO.196/2, 2ND CROSS, CHIKKANNA GARDEN, KEMPEGOWDANAGAR, BANGALORE-560 018. ...CROSS OBJECTORS (BY SRI. OMKARESHA, ADVOCATE FOR CROSS OBJECTORS (ABSENT) AND: 1. SMT. C. RANGAMMA SINCE DECEASED BY HER LR'S SMT.HEMALATHA W/O G.MUNIRAJU, D/O LATE VENKATARAJU, M.S. AGED ABOUT 47 YEARS, RESIDING AT NO.12, 1ST FLOOR, 15TH CROSS, 6TH TEMPLE ROAD, MALLESHWARAM, BANGALORE-560 003. 2. SRI.V.NANDAKUMAR S/O LATE VENKATARAJU M.S. AGED ABOUT 45 YEARS, R/AT NO.12, 1ST FLOOR, 5TH CROSS, 6TH TEMPLE ROAD, MALLESHWARAM, BANGALORE-560 003. 3. SMT.V.KAMALA WO DR.ESHWARAM, D/O LATE VENKATARAJU M.S. AGED ABOUT 55 YEARS, 2ND 'E' MAIN TEACHERS COLONY, KORAMANGALA, BANGALORE-560 034. - 5 - HC-KAR NC: 2025:KHC:35501-DB RFA No. 170 of 2012 C/W RFA.CROB No. 18 of 2017 4. SMT.V.LEELA, W/O JAGANNATH D/O LATE VENKATARAJU M.S. AGED ABOUT 52 YEARS, R/AT NO.210/1, 16TH CROSS, 4TH MAIN, MALLESHWARAM, BANGALORE-560 003. 5. SMT.V.SARALA W/O K.R.SADANAND, D/O LATE VENKATARAJU M.S. AGED ABOUT 45 YEARS, R/AT NO.12, 1ST FLOOR, 5TH CROSS, 6TH TEMPLE ROAD, MALLESHWARAM, BANGALORE-560 003. 6. SMT.V.KEERTHI CHANDRIKA W/O HARISH, D/O LATE VENKATARAJU M.S., R/AT NO.65/2, RAMA IYENGAR ROAD, V.V.PURAM, BANGALORE-560 004. ...RESPONDENTS (BY SRI.SRIDHAR B.R., ADVOCATE FOR SRI.M.SHIVAPRAKASH, ADVOCATE FOR R1, SRI.B.ROOPESHA, ADVOCATE FOR R2 AND R4, SRI.PRANAV, ADVOCATE FOR SRI.B.R.VISHWANATH,ADVOCATE FOR R3, R5 AND R6 ARE SERVED AND UNREPRESENTED) THIS RFA CROB IN RFA.No.170/2012 IS FILED UNDER SEC.96 OF CPC, 1908 R/W ORDER XLI RULE 22 OF CPC., PRAYING TO CALL FOR RECORDS IN O.S.NO.8057/2006, DATED 02.11.2011, ON THE FILE OF THE XXII ADDL. CITY CIVIL JUDGE, BANGALORE, AND TO REVERSE THE PORTION OF THE FINAL JUDGMENT AND DECREE DATED 02.11.2011, BY HOLDING DISMISSAL OF THE SUIT AGAINST SUIT ITEM NO.2 AS JUST AND REASONABLE AND ETC., - 6 - HC-KAR NC: 2025:KHC:35501-DB RFA No. 170 of 2012 C/W RFA.CROB No. 18 of 2017 THIS APPEAL AND RFA CROB., COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI and HON'BLE MR. JUSTICE UMESH M ADIGA ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE JAYANT BANERJI) In RFA.No.170/2012 : A joint memo has been filed by advocate Mr.Sridhar B.R., and Sri B.R.Vishwanath for referring the matter for mediation. However, we are pained to observe that Mr.Sridhar B.R., has not filed Vakalath on behalf of the appellant, which fact he admits. It does not befit a counsel to act in such a fashion, that is, filing a memo without Vakalath. 2. Accordingly, the joint memo is rejected. The brief holder appearing for the counsel for the appellant was asked to commence with the arguments as the matter is of the year 2012, however, he expresses his inability to do so. - 7 - HC-KAR NC: 2025:KHC:35501-DB RFA No. 170 of 2012 C/W RFA.CROB No. 18 of 2017 The appeal is therefore dismissed for non-prosecution. Interim order granted, if any, stands vacated. In RFA.Crob.No.18/2017 : None appears for the cross-objectors. Accordingly, RFA.Cross Objection is dismissed for non-prosecution. Sd/- (JAYANT BANERJI) JUDGE Sd/- (UMESH M ADIGA) JUDGE BK List No.: 1 Sl No.: 23