- 1 - HC-KAR NC: 2025:KHC:39171-DB RFA No. 2463 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH 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. 2463 OF 2023 (PAR) BETWEEN: 1. SMT. BHAGYAMMA K D/O LATE NANJAPPA W/O THIMMARAYAPPA AGED ABOUT 55 YEARS R/AT NO.205 AGARA VILLAGE AND POST, BANGALORE-560034. 2. SMT. RADHAMMA W/O BHEEMA D/O LATE NANJAPPA R/AT SREENIVAGILU DINNUR KADUGODI COLONY BANGALORE-560067. 3. SMT. VENKATALAKSHMI D/O LATE NANJAPPA W/O GOPALASWAMY R/AT DOOR NO.36, KADUGODI BANGALORE-560067. …APPELLANTS (BY SRI. B. MANJUNATH, ADV., FOR SRI B. MANJUNATH & ASSOCIATES-(ABSENT)) AND: 1. SRI RAJESH SINCE DECEASED BY LRS. Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:39171-DB RFA No. 2463 of 2023 1a. SMT. PRIYA W/O LATE RAJESH AGED ABOUT 35 YEARS. 1b. MISS SHREYA D/O LATE RAJESH AGED ABOUT 12 YEARS. 1c. MASTER ARJUN S/O LATE RAJESH AGED ABOUT 10 YEARS. LR NO.1(b) AND 1(c) ARE MINORS REPRESENTED BY THEIR NATURAL MOTHER SMT. PRIYA R/AT NO.30, 1ST MAIN ROAD 2ND CROSS, T.C. PALAYA AKSHAYA NAGARA BENGALURU -75. 2. SMT GEETHA W/O LATE SHANKAR AGED MAJOR R/AT NO.30, 1ST MAIN, 11TH CROSS, T C PALYA, AKSHAYANAGAR BANGALORE-560016. 3. K SATISH KUMAR S/O LATE K KRISHNAPPA MAJOR R/AT NO.27/A, 8TH A MAIN, RMV EXTENSION BANGALORE-80. 4. PRAFULCHANDCHORDIA S/O DEVARAJ CHORDIA MAJOR 5. SMT. SHEELADEVICHORDIA W/O PRAJUL CHAND CHORDIA - 3 - HC-KAR NC: 2025:KHC:39171-DB RFA No. 2463 of 2023 MAJOR RESPONDENTS NO.4 & 5 ARE R/AT NO.590, 12TH MAIN ROAD, HAL 2ND STAGE, INDRANAGAR BENGALURU-560038. 6. SAINIKARAJCHORDIA S/O DEVARAJ CHORDIA MAJOR R/AT NO.1156, 4TH CROSS 4TH MAIN, HAL 2ND STAGE INDRANAGAR, BANGALORE-560038. 7. SRI. RAMESH CHANDNAGAR S/O RATACHANDJI NAGAR R/AT RATAN MANSION, OLD NO.170 NEW NO.35 6TH CROSS, GANDHINAGAR BANGALORE-560009. 8. M SANDEEPKUMAR S/O M. MILAPCHAND MAJOR, R/AT NO.1149, 12TH MAIN HAL 2ND STAGE, INDRANAGAR BANGALORE-560038. 9. SMT RUKKAMMA W/O NARAYANASWAMY D/O LATE NANJAPPA AGED ABOUT 31 YEARS, R/AT NO.30, 1ST MAIN 11TH CROSS, T C PALYA AKSHAYANAGAR BANGALORE-16. 10. SMT. RATHNAMMA D/O LATE NANJAPPA W/O MURALI RESIDENT OF KADUGONDANAHALLI NEAR TANNEY ROAD - 4 - HC-KAR NC: 2025:KHC:39171-DB RFA No. 2463 of 2023 BENGALURU. 11. SMT. VENKATAMMA W/O LATE NANJAPPA AGED ABOUT 85 YEARS AKSHAYA PALYA BENGALURU - 16. 12. GOEL REALTY PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT 3RD FLOOR, SAN MAHU COMPLEX NO.5, BUNDER ARDEN ROAD PUNE AND LOCAL OFFICE AT "VIDYASHREE", BUNGALOW NO.1, 1ST MAIN ROAD KODIHALLI BDA LAYOUT, HAL 2ND STAGE SIDE LANCE OF HOTEL LEELA PALACE, NEAR MANIPAL HOSPITAL BANGALORE-560008 REPRESENTED BY ITS AUTHORIZED SIGNATORY SRI ANUP KANDELWAL. 13. SRI ASHISH ARJUNSINGH S/O ARJUN SINGH AGED ABOUT 34 YEARS. 14. SMT. MRIDULLAMARTIS W/O MR. ASHISH ARJUN SINGH AGED ABOUT 33 YEARS. BOTH RESIDING AT FLAT NO.102, BUILDING NO.1, GROUND FLOOR GANGA CHELSTON, SY NO.124 AND 125 MUNEKOLLALA VILLAGE VARTHUR HBOLI, BANGALORE EAST TALUK. - 5 - HC-KAR NC: 2025:KHC:39171-DB RFA No. 2463 of 2023 15. SMT. MADHURIBRAMACHARI W/O DEBASHISH BRAMHACHARI AGED ABOUT 52 YEARS. 16. MR. DEBASHISH BRAMHACHARI S/O LATE N BRAMHCHARI AGED ABOUT 59 YEARS BOTH RESIDING AT FLAT NO.530, BUILDING NO.8, 4TH FLOOR, GANGACHELSTON SY NO.124 AND 125 MUNEKOLLALA VILLAGE VARTHUR HOBLI BANGALORE EAST TALUK. 17. MR. CHINDU J MATTAM S/O JOSE MATHEW AGED ABOUT 34 YEARS. 18. MRS. ANJUSATA GEORGE W/O CHANDU MATTAM AGED ABOUT 28 YEARS. BOTH RESIDING AT FLAT No.414 BUILDING NO.9, 3RD FLOOR GANGA CHELSTON, SY No.124 AND 125 MUNEKOLLALA VILLAGE, VARTHUR HOBLI, BANGALORE EAST TALUK. 19. MR. A. ARAVINDRAO S/O RAMESH RAO AGED ABOUT 50 YEARS. 20. MR. A. SANDHYARAO W/O A. ARAVIND RAO AGED ABOUT 40 YEARS BOTH RESIDING AT FLAT No.320 BUILDING NO.5, 2ND FLOOR, - 6 - HC-KAR NC: 2025:KHC:39171-DB RFA No. 2463 of 2023 GANGA CHELSTON SY NO.124 AND 125, MUNEKOLLALA VILLAGE VARTHUR HOBLI BANGALORE EAST TALUK. 21. SRI MURUGANVELUSWAMY S/O S.K. VELUSWAMY AGED ABOUT 29 YEARS. 22. SMT. JAYASHUKLA W/O MR. MURUGAN VELUSWAMY AGED ABOUT 29 YEARS. BOTH ARE RESIDING AT FLAT NO.332, BUILDING NO.9, 3RD FLOOR GANGA CHELSTON SY NO.124 AND 125 MUNEKOLLALA VILLAGE VARTHUR HOBLI BANGALORE EAST TALUK. 23. MR. KANDASWAMY ARUNACHALAM S/O ARUNACHALAM AGED ABOUT 33 YEARS, R/AT FLAT No.330 BUILDING NO.8, 2ND FLOOR GANGA CHELSTON SY NO.124 AND 125 MUNEKOLLALA VILLAGE VARTHUR HOBLI BANGALORE EAST TALUK. 24. MR. VENKATARAMAN S/O SUBRAMANYA IYER AGED ABOUT 50 YEARS. 25. MRS. MEERA VENKATARAMAN W/O SRI. S. VENKATARAMAN AGED ABOUT 45 YEARS, - 7 - HC-KAR NC: 2025:KHC:39171-DB RFA No. 2463 of 2023 BOTH ARE R/AT FLAT NO.133 BUILDING NO.6, GROUND FLOOR GANGA CHELSTON SY NO.124 AND 125 MUNEKOLLALA VILLAGE VARTHUR HOBLI BANGALORE EAST TALUK. 26. MR. SRIKANTHSADASHIVAM S/O K. SADASHIVAM AGED ABOUT 34 YEARS, R/AT FLAT No.219 BUILDING No.5, 1ST FLOOR GANGA CHELSTON SY No.124 AND 125 MUNEKOLLALA VILLAGE VARTHUR HOBLI BANGALORE EAST TALUK. 27. MRS. PARVATHISRIKANTH W/O SRIKANTH SADASHIVAM AGED ABOUT 29 YEARS, R/AT FLAT NO.219 BUILDING NO.5, 1ST FLOOR GANGA CHELSTON SY NO.124 AND 125 MUNEKOLLALA VILLAGE VARTHUR HOBLI BANGALORE EAST TALUK. 28. MR. SHIVASHANKAR CHAKRABORTY S/O SAMIRAN CHAKRABORTHY AGED ABOUT 30 YEARS, R/AT FLAT NO.230 BUILDING NO.8, 1ST FLOOR GANGA CHELSTON SY NO.124 AND 125 MUNEKOLLALA VILLAGE VARTHUR HOBLI BANGALORE EAST TALUK. - 8 - HC-KAR NC: 2025:KHC:39171-DB RFA No. 2463 of 2023 29. MRS. DOYALPAL CHAKRABORTHY W/O SHIVASHANKAR CHAKRABORTHY AGED ABOUT 31 YEARS, R/AT FLAT No.230 BUILDING NO.8, 1ST FLOOR GANGA CHELSTON SY NO.124 AND 125 MUNEKOLLALA VILLAGE VARTHUR HOBLI BANGALORE EAST TALUK. 30. MR. S. KRISHNAMURTHY S/O K. SUBRAMANIAN AGED ABOUT 28 YEARS, R/AT FLAT NO.434 BUILDING NO.9, 3RD FLOOR GANGA CHELSTON SY NO.124 AND 125 MUNEKOLLALA VILLAGE VARTHUR HOBLI BANGALORE EAST TALUK. 31. MRS. SHANTHAMMAKESVADAS W/O MR SRIVILAS KESVADAS AGED ABOUT 61 YEARS. 32. MS. SINDHU VIVEK D/O MR. SRIVILASKESVADAS AGED ABOUT 30 YEARS BOTH RESIDING AT FLAT NO.429, BUILDING NO.8 3RD FLOOR, GANGA CHELSTON SY NO.124 AND 125 MUNEKOLLALA VILLAGE VARTHUR HOBLI BANGALORE EAST TALUK. 33. PRASHANTH KUMAR A. SAVANI S/O ASHWIN KUMAR SAVANI AGED ABOUT 28 YEARS. - 9 - HC-KAR NC: 2025:KHC:39171-DB RFA No. 2463 of 2023 34. MRS. SONADAKANIA W/O PRASHANTH KUMAR S. SAVANI AGED ABOUT 27 YEARS. BOTH RESIDING AT FLAT No.430 BLOCK NO.8, 3RD FLOOR, GANGA CHELSTON SY NO.124 AND 125 MUNEKOLLALA VILLAGE VARTHUR HOBLI BANGALORE EAST TALUK. 35. MR BHARATH RAJJAYARAMAN S/O JAYARAMAN AGED ABOUT 36 YEARS R/A FLAT No.218 BUILDIGN NO.5 1ST FLOOR, GANGA CHELSTON SY NO.124 AND 125 MUNEKOLLALA VILLAGE VARTHUR HOBLI BANGALORE EAST TALUK 36. MRS. RAMYA VENKATARAMAN W/O BHARATHRAJ JAYARAM AGED ABOUT 31 YEARS R/A FLAT No.218, BUIDING No.5 1ST FLOOR, GANGA CHELSTON SY NO.124 AND 125 MUNEKOLLALA VILLAGE VARTHUR HOBLI BANGALORE EAST TALUK 37. DR. K.S. SAIKUMAR S/O K.R. SANTHANAM AGED ABOUT 45 YEARS R/A FLAT NO.234, BUILDING No.9 1ST FLOOR, GANGA CHELSTON SY NO.124 AND 125 MUNEKOLLALA VILLAGE VARTHUR HOBLI - 10 - HC-KAR NC: 2025:KHC:39171-DB RFA No. 2463 of 2023 BANGALORE EAST TALUK 38. DR. SHOBHAMENON D/O I.R. MENON AGED ABOUT 57 YEARS R/A FLAT No.322, BUILDING No.6 2ND FLOOR, GANGA CHELSTON SY NO.124 AND 125 MUNEKOLLALA VILLAGE VARTHUR HOBLI BANGALORE EAST TALUK 39. MR CHETHANDEVAIAHM S/O M.U. DEVAIAH AGED ABOUT 29 YEARS R/A FLAT NO.329 BUILDING NO.8 2ND FLOOR, GANGA CHELSTON SY No.124 AND 125 MUNEKOLLALA VILLAGE VARTHUR HOBLI BANGALORE EAST TALUK 40. MRS. MITHUNAKUMAR W/O CHETHAN DEVAIAH M. AGED ABOUT 32 YEARS R/AT. FLAT NO.329, BUILDING NO.8 2ND FLOOR, GANGA CHELSTON SY NO.124 AND 125 MUNEKOLLALA VILLAGE VARTHUR HOBLI BANGALORE EAST TALUK 41. SRI. T.K. BALAKRISHNA S/O KRISHNAPPA AGED ABOUT 77 YEARS R/A FLAT NO.422, BUILDING NO.6 3RD FLOOR, GANGA CHELSTON SY NO.124 AND 125 MUNEKOLLALA VILLAGE VARTHUR HOBLI - 11 - HC-KAR NC: 2025:KHC:39171-DB RFA No. 2463 of 2023 BANGALORE EAST TALUK 42. MR. ACHAN BALAKRISHNA S/O T.K. BALAKRISHNA AGED ABOUT 39 YEARS R/A FLAT No.422, BUILDING No.6 3RD FLOOR, GANGA CHELSTON SY NO.124 AND 125 MUNEKOLLALA VILLAGE VARTHUR HOBLI BANGALORE EAST TALUK 43. MRS. SHANTHABALAKRISHNA W/O T.K. BALAKRISHNA AGED ABOUT 68 YEARS R/AT. FLAT NO.422, BUILDING NO.6 3RD FLOOR, GANGA CHELSTON SY NO.124 AND 125 MUNEKOLLALA VILLAGE VARTHUR HOBLI BANGALORE EAST TALUK 44. MR. GAURAVSETH S/O SURESH KUMAR SETH AGED ABOUT 34 YEARS R/A FLAT NO.129, BUILDING NO.8 GROUND FLOOR, GANGA CHELSTON SY NO.124 AND 125 MUNEKOLLALA VILLAGE VARTHUR HOBLI BANGALORE EAST TALUK 45. MRS. PREETHISETH W/O MR. GAURAV SETH AGED ABOUT 33 YEARS R/AT. FLAT NO.129, BUILDING NO.8 GROUND FLOOR, GANGA CHELSTON SY NO.124 AND 125 MUNEKOLLALA VILLAGE VARTHUR HOBLI BANGALORE EAST TALUK - 12 - HC-KAR NC: 2025:KHC:39171-DB RFA No. 2463 of 2023 46. MR SURODEEP CHAUDHURI S/O MR DEEPAK CHAUDHURI AGED ABOUT 30 YEARS R/A FLAT NO.529, BUILDIGN NO.8 4TH FLOOR, GANGA CHELSTON SY NO.124 AND 125 MUNEKOLLALA VILLAGE VARTHUR HOBLI BANGALORE EAST TALUK 47. MRS. SHARMIANJ KHOREE W/O SANDEEP CHAUDHURI AGED ABOUT 32 YEARS R/A FLAT NO.529, BUILDING NO.8, 4TH FLOOR, GANGA CHELSTON SY NO.124 AND 125 MUNEKOLLALA VILLAGE VARTHUR HOBLI BANGALORE EAST TALUK 48. MR. ARUNKUMAR RABINDRANATH S/O K.P. RABINDRANATH AGED ABOUT 49 YEARS R/AT. FLAT No.314, BUILDING NO.4 2ND FLOOR, GANGA CHELSTON SY NO.124 AND 125 MUNEKOLLALA VILLAGE VARTHUR HOBLI BANGALORE EAST TALUK 49. MRS. SANGEETHA RABINDRANATH W/O ARJUN KUMAR RABINDRANATH AGED ABOUT 45 YEARS R/AT. FLAT No.314, BUILDIGN No.4, 2ND FLOOR, GANGA CHELSTON SY NO.124 AND 125 MUNEKOLLALA VILLAGE VARTHUR HOBLI BANGALORE EAST TALUK - 13 - HC-KAR NC: 2025:KHC:39171-DB RFA No. 2463 of 2023 50. MR. VIPIN GARG S/O MR. ANAND PRAKASH AGED ABOUT 40 YEARS R/A FLAT No.110, BUILDING No.3 GROUND FLOOR, GANGA CHELSTON SY No.124 AND 125 MUNEKOLLALA VILLAGE VARTHUR HOBLI BANGALORE EAST TALUK 51. MRS. CHORAGARG W/O MR. VIPIN GARG AGED ABOUT 36 YEARS R/AT. FLAT No.110, BUILDING No.3 GROUND FLOOR, GANGA CHELSTON SY No.124 AND 125 MUNEKOLLALA VILLAGE VARTHUR HOBLI BANGALORE EAST TALUK 52. MS. DUMPALABASAVESWARA SANTHOSHI D/O MR. DUMBALA BASAVESWARA AGED ABOUT 31 YEARS R/AT. FLAT NO.401, BUILDIGN NO.1 3RD FLOOR, GANGA CHELSTON SY NO.124 AND 125 MUNEKOLLALA VILLAGE VARTHUR HOBLI BANGALORE EAST TALUK 53. MR. SHREYASSURENDRA JOSHI S/O SURENDRA AMRATLAL JOSHI AGED ABOUT 31 YEARS R/A FLAT No.401, BUILDING No.1 3RD FLOOR, GANGA CHELSTON SY NO.124 AND 125 MUNEKOLLALA VILLAGE VARTHUR HOBLI BANGALORE EAST TALUK - 14 - HC-KAR NC: 2025:KHC:39171-DB RFA No. 2463 of 2023 54. MR. SHAILESHKUMAR S/O MR VEERENDRAVARMA AGED ABOUT 36 YEARS R/A FLAT NO.533, BUILDING NO.9 4TH FLOOR, GANGA CHELSTON SY NO.124 AND 125 MUNEKOLLALA VILLAGE VARTHUR HOBLI BANGALORE EAST TALUK 55. MRS. MANISHASHINGH W/O MR. SHAILESHKUMAR AGED ABOUT 32 YEARS R/AT. FLAT No.533, BUILDING No.9 4TH FLOOR, GANGA CHELSTON SY NO.124 AND 125 MUNEKOLLALA VILLAGE VARTHUR HOBLI BANGALORE EAST TALUK 56. MR. BASAVARAJAGOUDAR S/O MR. DODDA GOWDA GOUDAR AGED ABOUT 34 YEARS R/A FLAT No.411, BUILDING No.3 3RD FLOOR, GANGA CHELSTON SY No.124 AND 125 MUNEKOLLALA VILLAGE VARTHUR HOBLI BANGALORE EAST TALUK 57. MRS. CHANDRAKALA K. W/O MR. BASAVARAJ GOUDAR AGED ABOUT 28 YEARS R/AT. FLAT No.411, BUILDING No.3 3RD FLOOR, GANGA CHELSTON SY NO.124 AND 125 MUNEKOLLALA VILLAGE VARTHUR HOBLI BENGALURU EAST TALUK - 15 - HC-KAR NC: 2025:KHC:39171-DB RFA No. 2463 of 2023 58. MR. DAKSHINAMURTHY S/O MR. VELAYUTHAM AGED ABOUT 34 YEARS R/AT. FLAT No.411, BUILDING No.3 3RD FLOOR, R/AT. FLAT No.411 BUILDING NO.3, 3RD FLOOR GANGA CHELSTON SY NO.124 AND 125 MUNEKOLLALA VILLAGE VARTHUR HOBLI BANGALORE EAST TALUK 59. MR. DEVKUMARSARAKAR S/O MR. DHANA KIRHSNA SARKAR AGED ABOUT 40 YEARS R/A FLAT NO.316, BUILDING NO.4 2ND FLOOR, R/AT. FLAT NO.411 BUILDING NO.3, 3RD FLOOR GANGA CHELSTON SY NO.124 AND 125 MUNEKOLLALA VILLAGE VARTHUR HOBLI BANGALORE EAST TALUK 60. MR. PUSHKAR DESHPANDE S/O MOHAN DESHPANDE AGEDA BOUT 40 YEARS R/AT. FLAT No.308, BUILDING No.3 3RD FLOOR, GANGA CHELSTON SY NO.124 AND 125 MUNEKOLLALA VILLAGE VARTHUR HOBLI BENGALURU EAST TALUK 61. MR. GANPATHRAMESH S/O MR. RAMESH G. AGED ABOUT 5 YEARS SINCE MINOR REPRESENTED BY HIS FATHER AND NATURAL GUARDIAN MR. RAMESH G. - 16 - HC-KAR NC: 2025:KHC:39171-DB RFA No. 2463 of 2023 R/AT. FLAT NO.130, BUILDIGN NO.8 GROUND FLOOR, GANGA CHELSTON SY NO.124 AND 125 MUNEKOLLALA VILLAGE VARTHUR HOBLI BANGALORE EAST TALUK 62. MRS. SULAKSHANAIRUYANTI W/O MR. SURESH SAI GURUPRASAD AGED ABOUT 30 YEARS R/AT. FLAT NO.122, BUILDIGN No.6 GROUND FLOOR, GANGA CHELSTON SY No.124 AND 125 MUNEKOLLALA VILLAGE VARTHUR HOBLI BANGALORE EAST TALUK 63. MRS. MALATHI MOHAN W/O MR. SAI MOHAN AGED ABOUT 38 YEARS R/AT. FLAT NO.122, BUILDING NO.6 GROUND FLOOR, GANGA CHELSTON SY NO.124 AND 125 MUNEKOLLALA VILLAGE VARTHUR HOBLI BANGALORE EAST TALUK 64. SMT. LALITHA D/O LATE NANJAPPA AGED ABOUT 45 YEARS R/AT. KADUGODI COLONY DINNUR, KADUGODI BENGALURU-560 067 …RESPONDENTS THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 16.09.2023 PASSED IN OS.No.8840/2006 ON THE FILE OF THE XXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY, DISMISSING THE SUIT FOR PARTITION AND SEPARATE POSSESSION AND ETC. - 17 - HC-KAR NC: 2025:KHC:39171-DB RFA No. 2463 of 2023 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 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE RAJESH RAI K) There is no appearance for the appellants. 2. Till today, office objections are not complied. Therefore, in view of the peremptory order dated 03.09.2024 passed by this Court, no further order is required. 3. Accordingly, appeal stands dismissed for non- prosecution. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (RAJESH RAI K) JUDGE PN List No.: 4 Sl No.: 21