- 1 - HC-KAR NC: 2025:KHC:36897-DB RFA No. 177 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH 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. 177 OF 2020 (PA/DE/IN) BETWEEN: 1. SHRI K. NAGARAJ S/O LATE SHRI KRISHNAPPA AGED ABOUT 67 YEARS, R/O NO.1960/A 4TH MAIN HAL III STAGE, NEW THIPPASANDRA POST, BENGALURU - 560 075. 2. SMT. BHAGYAMMA @ SHOBHA D/O LATE SHRI KRISHNAPPA W/O SHRI UDAYASHANKAR AGED ABOUT 63 YEARS, R/O DODDA MAVALLI DOOR NO.40 SIDDEGWDAGALLI BENGALURU - 560 004. 3. SMT. GAYATHRI D/O LATE SHRI KRISHNAPPA W/O LATE SHRI MUNIRAJU AGED ABOUT 48 YEARS R/O NO.501, 5TH FLOOR "GODREJ APARTMENT" NEAR HEBBALA FLYOVER BENGALURU - 560 024. …APPELLANTS (BY SRI SHANMUKHAPPA, ADV., -(ABSENT)) Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36897-DB RFA No. 177 of 2020 AND: 1. SHRI BASAVARAJU S/O LATE SHRI KRISHNAPPA AGED ABOUT 69 YEARS, R/O DOOR NO.3, B NAGASANDRA YAMALUR POST, BENGALURU - 560 037. 2. SHRI BALARAJ S/O LATE SHRI KRISHNAPPA AGED ABOUT 61 YEARS, R/O DOOR NO.2 B NAGASANDRA YAMALUR POST BENGALURU - 560 037. 3. SHRI SHIVARAJ AGED ABOUT 45 YEARS, R/O DOOR NO.1 B NAGASANDRA, YAMALUR POST BENGALURU - 560 037. 4. SMT. SUDHA W/O LATE SHRI PRASAD B.K AGED ABOUT 48 YEARS, R/O DOOR NO.1 B NAGASANDRA, YAMALUR POST BENGALURU-560037. 5. SHRI K. MOHIDDIN S/O SHRI ABDULLA AGED ABOUT 72 YEARS, R/O NO.721/D, KONENA AGRAHARA HAL ROAD, BENGALURU - 560 017. 6. P.A. ABOOBACKER S/O SHRI P A ABDULLA AGED ABOUT 62 YERAS, R/O NO.P-45, "GOLDENT ENCLAVE" HAL ROAD, BENGALURU - 560 017. - 3 - HC-KAR NC: 2025:KHC:36897-DB RFA No. 177 of 2020 7. SHRI DAULAR REVACHAND LAKHIANI S/O SHRI REVACHAND LAKHIANI AGED ABOUT 63 YEARS. 8. LACHMAN REVACHAND LAKHIANI S/O SHRI REVACHAND LAKHIANI AGED ABOUT 53 YEARS. BOTH S NO.7 AND 8 ARE RESIDENTS AT NO.215 KHB COLONY, KORAMANGALA LAYOUT BENGALURU-560 095. BOTH ARE REPRESENTED BY THEIR GPA HOLDER SHRI SURESH REVACHAND LEKHIANI R/O NO.215 KHB COLONY KORAMANGALA LAYOUT BENGALURU - 560 095. 9. DR. P.A. IBRAHIM HAJI S/O LATE SHRI ABDULLA HAJI AGED ABOUT 74 YEARS, R/O NO.93 RESIDENCY ROAD, BENGALURU-560025. 10. M/S SWIRE PROPERTIES A PROPRIETARY FIRM HAVING ITS REGISTERED OFFICE AT 1ST FLOOR "EMBASSY POINT" NO.150 INFANTRY ROAD, BENGALURU-560 001. REPRESENTED BY ITS PROPRIETOR M/S DYNASTI DEVELOPERS (P) LTD A COMPANY REGISTERED UNDER THE COMPANIES ACT, HAVING ITS OFFICE AT EMBASSY POINT, NO.150 INFANTRY ROAD, BENGALURU-560 001. - 4 - HC-KAR NC: 2025:KHC:36897-DB RFA No. 177 of 2020 REPESENTED BY ITS DIRECTOR NARPAT SINGH CHIRABIA 11. SHRI N H BHASKER REDDY AGED ABOUT 48 YEARS, S/O LATE SHRI N H P SHIVA REDDY NO.5 9TH MAIN ROAD, 13TH CROSS ROAD, 6TH SECTOR HSR LAYOUT BENGALURU-79. 12. M/S EMBASSY PROPERTY DEVELOPERS (P) LTD (FORMERLY DYANASTI DEVELOPERS (P) LTD REGISTERED OFFICE AT A COMPANY REGISTERED OFFICE AT: 1ST FLOOR, "EMBASSY POINT" NO.150, INFANTRY ROAD, BENGALURU-560001 REPRESENTED BY ITS DIRECTOR NARPAT SINGH CHIRABIA. 13. N.A. ASHRAF S/O LATE SHRI N.A. ABDULLA AGED ABOUT 50 YEARS. 14. SMT. THAHIRA HARIS AGED ABOUT 46 YEARS, W/O N A HARIS. BOTH S. NO.13 & 14 REPRESENTED BY THEIR PA HOLDER SHRI N.A. HARISH S/O SHRI N.A. MOHAMMED RESIDING AT NO.23, 1ST CROSS NAGARATH ROAD, BENGALURU - 560 025. 15. MR. RAMALASAHUL HAMEED W/O T A SHAKEEL HAMEED AGED ABOUT 53 YEARS. 16. SMT. FATHIMA HASEENA D/O N A BOOBACKER - 5 - HC-KAR NC: 2025:KHC:36897-DB RFA No. 177 of 2020 AGED ABOUT 41 YEARS. NO.15 AND 16 ARE REPRESENTED BY THEIR P A HOLDER MR. ABEULLA FAWAZ S/O N A BOOBACKER R/O NO.P-45 GOLDEN ENCLAVE AIRPORT ROAD, BENGALURU - 560 017. 17. MRS. KHADEEJA ABOOBACKER W/O N A BOOBACKER AGED ABOUT 64 YEARS, R/O NO.P-45, GOLDEN ENCLAVE HAL ROAD, BENGALURU-17. …RESPONDENTS THIS RFA IS FILED UNDER SECTION 96 OF THE CPC, AGAINST THE JUDGMENT AND DECREE DATED 28.08.2019 PASSED IN O.S.No.8956/2015 ON THE FILE OF THE V ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DISMISSING THE SUIT FOR PARTITION AND DECLARATION 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 - 6 - HC-KAR NC: 2025:KHC:36897-DB RFA No. 177 of 2020 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE RAJESH RAI K) Till today, office objections are not complied with. Therefore, in view of the peremptory order dated 10.09.2024 passed by this Court, no further order is required. 2. Accordingly, appeal stands dismissed for non- prosecution. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (RAJESH RAI K) JUDGE RAK List No.: 4 Sl No.: 7