- 1 - HC-KAR NC: 2026:KHC:9978-DB RFA No. 953 of 2011 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MR. JUSTICE T.M.NADAF REGULAR FIRST APPEAL NO. 953 OF 2011 (PAR) BETWEEN: 1. SRI. H.K NAGARAJU, S/O LATE SRI. KENCHEGOWDA, AGED 51 YEARS, AT: HOUSE ASST. NO. 74/553, PANDAVAPURA - MANDYA ROAD, OPP: VIJAYA BANK, PANDAVAPURA - 571 434. MANDYA DISTRICT. 2. SRI. H.K. SWAMYGOWDA, S/O. LATE SRI. KENCHEGOWDA, AGED 49 YEARS, AT: HIREMARALI VILLAGE, KASABA HOBLI, PANDAVAPURA-571434 MANDYA DISTRICT. 3. 3(a) 3(b) SRI. H.K SATYANARAYANA S/O LATE SRI KENCHEGOWDA SINCE DEAD REPRESENTED BY HIS LRS. D.J. PRATHIMA W/O. LATE SATYANARAYANA AGED ABOUT 50 YEARS. H.S.SINDHUSHREE D/O. LATE SATYANARAYANA AGED ABOUT 27 YEARS. Digitally Signed by REKHA R Location : High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:9978-DB RFA No. 953 of 2011 3(c) 3(d) H.S.SHRADHA D/O. LATE SATYANARAYANA AGED ABOUT 25 YEARS. H.S.DARSHAN S/O. LATE SATYANARAYANA AGED ABOUT 22 YEARS. APPELLANTS 3(a) TO 3(d) ARE RESIDING AT HIREMARALI VILLAGE, KASABA HOBLI, PANDAVAPURA-571434 MANDYA DISTRICT. 4. SMT. SAKAMMA W/O. LATE. SRI KENCHEGOWDA AGED 83 YEARS AT HIREMARALI VILLAGE KASABA HOBLI PANDAVAPURA-571434. MANDYA DISTRICT. …APPELLANTS (BY SRI. N KUMAR, ADVOCATE FOR R1 AND R2 (ABSENT), SRI. K.M.SOMASHEKARA, ADVOCATE FOR R3 (ABSENT), SRI. SAKAMMA-A4, APPEARING AS PARTY-IN-PERSON) AND: 1. 1(a) 1(b) SRI. H.K SHANKAREGOWDA S/O. LATE SRI. KENCHEGOWDA SINCE DEAD REPRESENTED BY HIS LRs. VASANTHA.S W/O. LATE H.K.SHANKAREGOWDA, AGED ABOUT 60 YEARS. H.S.VINAY S/O. LATE H.S.SHANKAREGOWDA AGED ABOUT 38 YEARS. - 3 - HC-KAR NC: 2026:KHC:9978-DB RFA No. 953 of 2011 1(c) H.S.VIVEK S/O. LATE H.K.SHANKAREGOWDA AGED ABOUT 35 YEARS. RESPONDENTS 1(a) TO 1(c) ARE R/AT. D.NO.556, NEW KANTARAJ URS ROAD, KUVEMPURNAGAR, MYSORE-570 023. 2. SMT. H.K SHARADAMMA W/O.SRI. JAYARAMEGOWDA AGED 71 YEARS R/AT DAMADAHALLI VILLAGE K.BETTAHALLI POST, CHINAKURAHALI HOBLI, PANDAVAPURA TALUK, MANDYA DISTRICT. 3. SMT. H.K PARVATHAMMA, W/O.SRI. SHANKAR (PSSK LAB CHEMIST) AGED 64 YEARS R/AT. KIRANGURU VILLAGE NEAR SHREE GANAPATHI TEMPLE SHETTIHALLI HOBLI, SRIRANGAPATNA TALUK, MANDYA DISTRICT. 4. SMT. H.K MANGALA W/O. T.S.N SWAMY AGED 53 YEARS R/AT NO. C-38, G-B LINE, 2ND CROSS, COTTONPET BENGALURU-560053. - 4 - HC-KAR NC: 2026:KHC:9978-DB RFA No. 953 of 2011 5. SMT. H.K SAVITHRI W/O. LATE SRI. V.H GIRISH AGED 41 YEARS R/AT ARALALUSANDRA VILLAGE ARALALU SANDRA P.O., VIRUPAKSHAPURA HOBLI, CHANNAPATNA TALUK, RAMANAGARA DISTRICT. …RESPONDENTS (BY SRI. KRISHNAMURTHY G HASYAGAR, ADVOCATE FOR R1(A AND B). R2, R3 AND R5 ARE SERVED AND UNREPRESENTED VIDE ORDER DATED 05.04.2021 APPEAL AGAINST R4 DISMISSED AS ABATED) THIS RFA IS FILED U/SEC.96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED28.02.2011 PASSED IN O.S.432/2001 ON THE FILE OF THE JUDGE, COURT OF SMALL CAUSES AND SENIOR CIVIL JUDGE, MYSORE, DISMISSING THE SUIT FOR THE PARTITION AND SEPARATE POSSESSION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI and HON'BLE MR. JUSTICE T.M.NADAF - 5 - HC-KAR NC: 2026:KHC:9978-DB RFA No. 953 of 2011 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE JAYANT BANERJI) Despite the matter being called out twice, no one appears for the appellants. The appeal is dismissed for non-prosecution. Sd/- (JAYANT BANERJI) JUDGE Sd/- (T.M.NADAF) JUDGE PK List No.: 1 Sl No.: 25