- 1 - HC-KAR NC: 2025:KHC:29117-DB RFA No. 716 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MR. JUSTICE UMESH M ADIGA REGULAR FIRST APPEAL NO. 716 OF 2013 (PAR) BETWEEN: 1. SRI. BASAVANAIKA @ JOGANAIKA S/O JOGANAIKA AGED ABOUT 71 YEARS 2. SRI. PAPANAIKA S/O JOGANAIKA AGED ABOUT 66 YEARS BOTH ARE R/AT DOOR NO.998, 3RD CROSS, PANCHAYATHKATTE ROAD, DHANAGALLI VILLAGE, JAYAPURA HOBLI MYSORE - 570 016. 3. SRI. RAVISHANKAR S/O M. PUTTASWAMY AGED ABOUT 51 YEARS R/AT D.NO.F-14, SUEZ-FARM ROAD, KILLE MOHALLA. MYSORE - 570 008. …APPELLANTS (BY SRI. NARENDRA D.V. GOWDA, ADVOCATE (ABSENT)) Digitally signed by ANNAPURNA G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29117-DB RFA No. 716 of 2013 AND: 1. SRI. BASAVAIAH S/O LATE BASAVAIAH AGED ABOUT 71 YEARS, R/AT D.NO.9243, 4TH CROSS, SUNNADAKERI, K.R. MOHALLA MYSORE - 570 001. 2. SMT. LAKSHMAMMA W/O LATE NAGARAJU AGED ABOUT 51 YEARS RA/T D.NO.812, 4TH CROSS, SUNNADAKERI, K.R. MOHALLA MYSORE - 570 001. 3. SRI. MANJUNATHA S/O LATE NAGARAJU AGED ABOUT 36 YEARS 4. NAGARAJU (DEAD) REPRESENTED BY HIS LEGAL REPRESENTATIVES 4(A). GEETHA W/O LATE NAGARAJU AGED ABOUT 31 YEARS 4(B). JAYALAKSHMI D/O LATE NAGARAJU AGED ABOUT 13 YEARS 4(C). PALLAVI D/O LATE NAGARAJU AGED ABOUT 10 YEARS - 3 - HC-KAR NC: 2025:KHC:29117-DB RFA No. 716 of 2013 4(A) TO 4(C) ARE MINORS REPRESENTED BY THEIR MOTHER GEETA i.e. 4(A) RESPONDENT ALL R/AT KENCHALAGUDU, JAYAPURA HOBLI, MYSORE TALUK - 570 016. 5. KUMARI W/O SURESHA AGED ABOUT 31 YEARS RESPONDENT NO.3 AND 5 ARE R/AT D.NO.689/B, 3RD CROSS, JAYANAGAR, MYSORE. 6. SMT. NAGAMMA, W/O KRISHNAPPA, AGED ABOUT 61 YEARS, R/AT NO.884, 3RD CROSS, SUNNADAKERI, K.R. MOHALLA, MYSORE - 570 001. …RESPONDENTS (R1, R2, R3 AND R4(A) ARE SERVED AND UNREPRESENTED; R4(B AND c) ARE MINORS REPRESENTED BY R4(A) GIRISH K.V, ADVOCATE FOR R5; VIDE ORDER DATED 05.12.2023 APPEAL AGAINST R6 IS DISMISSED) THIS RFA IS FILED U/SEC.96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 02.01.2013 PASSED IN OS NO.53/2007 ON THE FILE OF THE PRL. JUDGE COURT OF SMALL CAUSES, SENIOR CIVIL JUDGE, MYSORE, PARTLY DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION. - 4 - HC-KAR NC: 2025:KHC:29117-DB RFA No. 716 of 2013 THIS APPEAL, COMING ON FOR ORDERS, 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) The list has been revised, none appears to press this appeal. 2. Sri. Girisha K. V., learned counsel appears for respondent No.5. The appeal is dismissed for non-prosecution. Sd/- (JAYANT BANERJI) JUDGE Sd/- (UMESH M ADIGA) JUDGE AMA List No.: 1 Sl No.: 21 CT: BHK