- 1 - HC-KAR NC: 2025:KHC:37094-DB RFA No. 411 of 2024 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. 411 OF 2024 (PAR/INJ) BETWEEN: M/S CENTURY COMFORTS PVT. LTD., MANIPAL, REP BY ITS MANAGING DIRECTOR, K. BALAKRISHNA SHENOY, AGED ABOUT 62 YEARS, S/O K. VASUDEVA SHENOY, ANANTHA NAGAR, POST MANIPAL-576104 SHIVALLI VILLAGE, UDUPI TALUK AND DISTRICT. …APPELLANT (BY SRI. CHANDRANATH ARIGA K.,ADVOCATE) AND: 1. SMT. GULABI SHEDTHI AGED ABOUT 86 YEARS, W/O SHESHAPPA SHETTY, "DEVI NIVAS", SARAKARIGUDDE, MOODABETTU VILLAGE-576122 UDUPI TALUK AND DISTRICT. 2. SMT. RAJESHWARI SHETTY AGED ABOUT 55 YEARS, Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37094-DB RFA No. 411 of 2024 W/O BHASKAR S SHETTY, 3. SRI. NAVANEETH SHETTY AGED ABOUT 31 YEARS, S/O BHASKAR S SHETTY, R/AT ESHWARI HAYAGREEVA NAGAR, 6TH CROSS, 2ND ROAD, INDRALI-576104 UDUPI. 4. M/S SHANKAR VITTAL MOTORS COMPANY LIMITED REP BY ITS MANAGING DIRECTOR, SRI.A PRASAD RAO, AGED ABOUT 67 YEARS, S/O A KRISHNAMOORTHY RAO, FALNIR ROAD, MANGALORE-575 001. …RESPONDENTS (BY SRI. GOVINDARAJU K.,ADVOCATE C/R-3 (ABSENT) ) THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 29.11.2023 PASSED IN OS.NO.59/2013 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, UDUPI, DISMISSING THE SUIT FOR PARTITION AND INJUNCTION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE RAJESH RAI K - 3 - HC-KAR NC: 2025:KHC:37094-DB RFA No. 411 of 2024 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 13.09.2024 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.: 28