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. 1715 OF 2020 BETWEEN: 1 . SRI KARAMATHULLA SAIT AGED ABOUT 73 YEARS 2 . SRI.K. KASIM SAIT (SINCE DECEASED) 2(a). SUBZAWARI AGED ABOUT 71 YEARS W/O LATE K. KASIM SAIT 2(b). TAHOORA AGED ABOUT 41 YEARS D/O LATE K.KASIM SAIT 2(c). SABIHA @ SABITHA AGED ABOUT 33 YEARS D/O LATE K.KASIM SAIT APPELLANT NOS.1, 2(a) To 2(c) ARE RESIDING AT SAIT MANSION, CHOLAPADY, KABETTU, KASABA VILLAGE, KARKALA TALUK, UDUPI DISTRICT. RFA.No.1715/2020 ---------------------- 2 3 . SRI IQBAL SULAIMAN SAIT AGED ABOUT 57 YEARS APPELLANT NOS.1 TO 3 ARE CHILDREN OF LATE SULAIMAN SAIT, RESIDING AT SAIT MANSION, CHOLAPADY, KABETTU, KASABA VILLAGE, KARKALA TALUK, UDUPI DISTRICT. 4 . SMT. TAHIRA BHANU AGED ABOUT 58 YEARS W/O LATE RAHAMATHULLA SAIT 5 . MOHAMMAD ASHFAN SAIT AGED ABOUT 33 YEARS 6 . MOHAMMAD PARVEZ SAIT AGED ABOUT 26 YEARS APPELLANT NOS.5 AND 6 ARE CHILDREN OF RESPONDENT NO.4 AND ALL ARE RESIDNG AT SADBHAVANA HOUSING SOCIETY, B WING 604, SHAMSUDDIN MARG, CHAKALA, KAJUWADI, ANDHERI (EAST) MUMBAI. APPELLANT NOS.2 TO 6 ARE REPRESENTED BY THEIR DULY CONSTITUTED POWER OF ATTORNEY HOLDER APPELLANT NO.1 ...Appellants (By SRIYUTHS: SHISHIRA AMARNATH and PRUTHA BHARATHI, Advocates) AND: 1 . SMT. SUMATHI R BALLAL AGED ABOUT 71 YEARS W/O LATE DR. K.R. BALLAL RFA.No.1715/2020 ---------------------- 3 2 . DR. PRIYA BALLA AGED ABOUT 49 YEARS D/O DR. K.RATHNARAJ BALLAL 3 . DIVAYA BALLAL AGED ABOUT 47 YEARS D/O DR. K.RATHNARAJ BALLAL RESPONDENT NOS.1 TO 3 ARE RESIDING AT KELLAGUTHU, SHIVA BHAG, KADRI, MANGALORE 4 . SMT. VANAMALA BALLAL AGED ABOUT 69 YEARS 5 . SMT. SHARMILA BALLAL AGED ABOUT 46 YEARS 6 . SHRI GAUTHAM BALLAL AGED ABOUT 41 YEARS RESPONDENT NOS.4 TO 6 ARE CHILDREN OF K.M. BALLAL AND RESIDING AT KELLAGUTHU, SABRBAIL VILLAGE AND POST, BELTHANGADY TALUK, D.K. DISTRICT 7 . SMT. SHABANA AGED ABOUT 33 YEARS W/O ABOOBAKAR R/AT FLAT NO.3, AKSHAYA APARTMENT, KARANGALLPADI, MANGALORE. ……..Respondents Notice issued to R2 but unserved) This Regular First Appeal filed U/S 96 R/W order XLI Rule 1 of CPC 1908, against the Judgment and Decree dated RFA.No.1715/2020 ---------------------- 4 06.12.2018 passed in O.S. No.14/2011 on the file of the PRL. SENIOR CIVIL JUDGE AND JMFC, BELTHANGADY, D.K. dismissing the suit for declaration and possession. This Regular First Appeal is coming on for Orders this day, the Court made the following: ORAL ORDER Finally, one week time is granted to comply with the office objections, failing which, the appeal will be dismissed without reference to the Bench. Sd/- JUDGE Sd/- JUDGE NOTE: Court Order dt.15.09.2025 not complied with. Hence Appeal stands dismissed. COPY Sd/- ASSISTANT REGISTRAR T By : MK R By : RM C By : STE