- 1 - HC-KAR NC: 2026:KHC:15239 RSA No. 1739 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR REGULAR SECOND APPEAL NO. 1739 OF 2022 (PAR) BETWEEN: 1. SMT AMBAVATHI SHETTY AGED ABOUT 71 YEARS 2. SMT. KASTHURI SHETTY AGED ABOUT 63 YEARS 3. SRI. ASHOK SHETTY AGED ABOUT 55 YEARS NO.1 TO 3 ARE CHILDREN OF LATE LALITHA SHEDTHI AND ARE RESIDENTS OF GUDDEBETTU HOUSE, BADAGAMIJARU VILLAGE MANGALURU TALUK, D.K 4. SMT. SUJATHA SHETTY AGED ABOUT 54 YEARS W/O MOHAN MATHUR NO.121, IIND MAIN SOUTH BOCK, UPKAR LAYTU NEAR RTO BENGALURU 560 056 5. SMT. KUSALA SHETTY AGED ABOTU 56 YEARS Digitally signed by B LAVANYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15239 RSA No. 1739 of 2022 D/O LALITHA SHEDTHI, R/AT GUDDEBETTU HOUSE BADAGAMIJARU VILLAGE, MANGALURU TALUK D.K …APPELLANTS (BY SMT.SHREYA MACHIGAD FOR SRI. UDAYA PRAKASH M., ADVOCATE) AND: 1. SMT RATHI SHEDTHI AGED ABOUT 92 YEARS D/O LAXMI SHEDTHI C/O MRS. DEEPA SHETTY W/O SADA SHETTY BUILDERS PARADISE, 'A' WING, PENTA HOUSE-2, 5TH MAIN 4TH CROSS OPP. NCF SCHOOL MALLESH PALYA BENGALURU 560 075 2. SMT.SUGANDHI AGED ABOUT 52 YEARS 3. SMT. SUNITHA AGED ABOUT 52 YEARS RESPONDENTS 2 AND 3 ARE CHILDREN OF LATE CHANAPAP SHETTY - 3 - HC-KAR NC: 2026:KHC:15239 RSA No. 1739 of 2022 AND R/A SHABARI APARTMENTS, 2ND FLOOR ROOM NO.3, DEVIDAS ROAD, BORIVILI WEST MUMBAI 400 103 4. SRI. KUTTI SHETTY AGED ABOUT 66 YEARS S/O LATE LALITHA SHETTY R/AT GUDDEBETTU HOUSE BADAGAMIJARU VILLAGE MANGALURU TALUK D.K 5. SMT. SUNANDA SHETTY W/O LATE ANNI @ ANIL ADULT 6. MR. TEJPAL ADULT 7. MISS VIDHYA ADULT 8. MR. GIRISH ADULT, RESPONDENT NOS.5 TO 8 ARE R/AT GUDDEBETTU HOUSE BADAGAMIJARU VILLAGE MANGALURU TALUK D.K - 574225 …RESPONDENTS - 4 - HC-KAR NC: 2026:KHC:15239 RSA No. 1739 of 2022 THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 21.08.2019 PASSED IN RA.NO.47/2018 ON THE FILE OF THE III ADDITIONAL DISTRICT JUDGE, D.K.MANGALURU, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 22.09.2018 PASSED IN OS.NO.328/2015 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE, (ITINERARY AT MOODABIDRI) TRIAL COURT DECREED THE SUIT. APPELLATE COURT DISMISSED THE APPEAL. THE SUIT FOR PARTITION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT Learned counsel for the appellants is present. 2. This Court vide order dated 02.02.2026, passed an order directing the appellants to deposit the cost of Rs.5,000/- to the 'Chief Minister's Relief Fund' and to rectify the objections raised by the registry within two weeks. The same is not complied, neither rectified the objections raised by the registry nor the cost is deposited. 3. Learned counsel for the appellants submits that despite informing the appellants, they are not responding to comply with the orders. It appears that the appellants are not interested in continuing the proceedings. Under - 5 - HC-KAR NC: 2026:KHC:15239 RSA No. 1739 of 2022 the circumstances, for the non compliance of the orders passed by this Court, the appeal stands dismissed. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK, List No.: 1 Sl No.: 5