- 1 - HC-KAR NC: 2026:KHC:15355-DB RFA No. 1008 of 2012 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MR. JUSTICE RAJESH RAI K REGULAR FIRST APPEAL NO. 1008 OF 2012 (DEC/PAR) BETWEEN: 1. MR. V. NARAYANASWAMY S/O MR. M. VENKATASWAMY AGED ABOUT 26 YEARS 2. V. MEENAKSHI D/O MR. M. VENKATASWAMY AGED ABOUT 25 YEARS BOTH ARE RESIDING AT NO.145, NEW COLONY, KADIRENAHALLI, BSK II STAGE, NEAR CHANDRA CABLES, BENGALURU-560 071. …APPELLANTS (BY SRI. S.B. LAKSHMI, ADVOCATE (ABSENT)) AND: 1. MR. M. VENKATASWAMY S/O LATE SRI. GARE MUNIVENKATAPPA AGED ABOUT 50 YEARS 2. SMT. NAGALAKSHMI W/O SRI M. VENKATASWAMY AGED ABOUT 47 YEARS Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15355-DB RFA No. 1008 of 2012 3. V. MANJUNATHA S/O MR. VENKATASWAMY AGED ABOUT 27 YEARS 4. MR. M. SRINIVASA S/O LATE SRI. GARE MUNIVENKATAPPA, AGED ABOUT 43 YEARS 5. SUCHITRA D/O MR. M. SRINIVASA AGED ABOUT 19 YEARS 6. MASTER RAGHAVENDRA S/O M. SRINIVASA AGED ABOUT 17 YEARS RESPONDENT NO.6 IS MINOR AND REPRESENTED BY HIS FATHER AND NATURAL GUARDIAN, NEXT FRIEND MR. M.SRINIVASA, S/O LATE SRI GARE MUNIVENKATAPPA (R4) 7. SMT. RAJAMMA D/O LATE GARE MUNIVENKATAPPA AGED ABOUT 57 YEARS RESPONDENTS NO.1 TO 7 ARE RESIDING AT NS PALYA, BTM 2ND STAGE, 3RD MAIN, 3RD CROSS, BG ROAD CROSS, BENGALURU-76. 8. SMT. M. CHINNAMMA W/O ASWATHANARAYANA D/O LATE GARE MUNIVENKATAPPA AGED ABOUT 56 YEARS NO.96, SR ROAD, VIVEKANAGARA POST, BENGALURU-47. - 3 - HC-KAR NC: 2026:KHC:15355-DB RFA No. 1008 of 2012 9. SMT. CHANDRAMMA W/O MR. K.M. NARAYANASWAMY D/O LATE GARE MUNIVENKATAPPA AGED ABOUT 53 YEARS RESIDING AT KUMBALAHALLI VILLAGE, HOSAKOTE, BENGALURU RURAL DISTRICT-562 114. 10. MR. CHANNAPPA S/O MR. CHANNAIAH AGED ABOUT 70 YEARS NO.391/42, "LAKSHMI COMPLEX" 19TH MAIN ROAD, RAJAJINAGARA FIRST BLOCK, BENGALURU-10. …RESPONDENTS (BY SRI. ADITYA NARAYANA, ADVOCATE FOR R1 TO R9 (ABSENT); V/O DATED 24.06.2025, APPEAL AGAINST R10 ABATED) THIS RFA IS FILED U/S 96 OF CPC, AGAINST THE JUDGEMENT AND DECREE DATED 25.8.2006 PASSED IN O.S.NO.7634/2006 ON THE FILE OF XXII ADDITIONAL CITY CIVIL JUDGE, BANGALORE, DISMISSING THE SUIT FILED FOR DECLARATION, PARTITION AND PERMANENT INJUNCTION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI and HON'BLE MR. JUSTICE RAJESH RAI K - 4 - HC-KAR NC: 2026:KHC:15355-DB RFA No. 1008 of 2012 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE JAYANT BANERJI) Despite the matter being called out twice, no one appears for the parties. 2. The appeal is dismissed for non-prosecution. 3. Pending I.A's., if any, stand disposed of. Sd/- (JAYANT BANERJI) JUDGE Sd/- (RAJESH RAI K) JUDGE HKV List No.: 1 Sl No.: 25