- 1 - HC-KAR NC: 2026:KHC:10988 MFA No. 609 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M MISCELLANEOUS FIRST APPEAL NO.609 OF 2024 (CPC) BETWEEN: 1. SRI.V. RAMDAS HEGDE AGED ABOUT 79 YEARS 2. 2(A) V. JAYAKANTHI V.SHETTY, (SINCE DECEASED) AGED ABOUT 71 YEARS SINCE DEAD HER LRS SRI. VISHWANATH SHETTY AGED ABOUT 78 YEARS HUSBAND OF LATE V. JAYAKANTHI SHETTY 2(B) SMT. ANURADHA R.SHETTY AGED ABOUT 46 YEARS 2(C) SMT. AMITHA K.SHETTY AGED ABOUT 44 YEARS 2(D) SRI. AJITH SHETTY AGED ABOUT 43 YEARS APPELLANTS NO.2(B) TO 2(D) ARE THE CHILDREN OF LATE V.JAYAKANTHI SHETTY 3. V. SHRIKANTHI G.SHETTY (SINCE DECEASED) AGED ABOUT 68 YEARS SINCE DEAD HER LRS APPELLANTS NO.1 TO 3 ARE THE CHILDREN OF LATE KUSUMAVATHI HEGGADTHI AND ALL ARE RESIDING AT "RAMA LEELA", Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10988 MFA No. 609 of 2024 3(A) PARKALA-BADEGABETTU ROAD, PARKALA, UDUPI TALUK & DISTRICT-576107. SRI T. GOPALA SHETTY AGED ABOUT 72 YEARS HUSBAND OF LATE SMT. V. SHRIKATHI SHETTY 3(B) SMT. DIVYA SHETTY AGED ABOUT 37 YEARS D/O LATE SMT. V. SHRIKANTHI SHETTY APPELLANTS NO.3(A) AND 3(B) ARE RESIDING AT "DIVYA SHREE", SHIVANAGARA, PARKALA - BADEGABETTU ROAD, PARKALA, UDUPI TALUK AND DISTRICT-576107 4. SMT. SUJATHA B.SHETTY AGED ABOUT 67 YEARS 5. 5(A) SUDEER SHETTY, (SINCE DECEASED ) AGED ABOUT 64 YEARS SINCE DEAD HIS LRS SRI. AISHWARYA SHETTY AGED ABOUT 43 YEARS 5(B) ASHWATH SHETTY AGED ABOUT 41 YEARS APPELLANTS NO.5(A) AND 5(B) ARE THE CHILDREN OF LATE SUDEER SHETTY AND RESIDNG AT "SRI DURGE", 2ND MAIN ROAD, ISWARA NAGARA, MANIPAL, UDUPI TALUK AND DISTRICT-576 104 6. SMT. SUNEETHA AGED ABOUT 55 YEARS APPELLANST NO.4 TO 6 ARE THE CHILDREN OF LATE SARASWATHI HEGGADTHI AND ALL ARE RESIDING AT "SRI DURGE", - 3 - HC-KAR NC: 2026:KHC:10988 MFA No. 609 of 2024 2ND MAIN ROAD, ISWARA NAGARA, MANIPAL, UDUPI TALUK AND DISTRICT-576 104. 7. ARUNA P.HEGDE AGED ABOUT 69 YEARS 8. PRAJWAL HEGDE AGED ABOUT 43 YEARS 9. PRIYADARSHINI AGED ABOUT 41 YEARS 10. PRIYANKA AGED ABOUT 39 YEARS APPELLANT NO.7 IS THE WIFE AND APPELLANTS NOS.8 TO 10 ARE CHILDREN OF LATE V PRABAKARA HEGDE AND ALL ARE PERMANENTLY RESIDING AT "PRABHARUNA", NEAR SUDDENDRA KALYANA MANTAPA POST: KUNJIBETTU UDUPI TALUK AND DISTRICT - 576 102 APPELLANTS NO.8 TO 10 ARE REPRESENTED BY THEIR GPA HOLDER SMT. ARUNA P.HEGDE …APPELLANTS (BY SRI. Y RAJENDRA PRASAD SHETTY, ADVOCATE) AND: 1. 1(A) SMT. VISHALA V. SHETTY (SINCE DECEASED) AGED ABOUT 88 YEARS D/O LATE KRISHNAYYA HEGDE SINCE DEAD HER LRS ARUN SHETTY AGED ABOUT 67 YEARS - 4 - HC-KAR NC: 2026:KHC:10988 MFA No. 609 of 2024 1(B) AJITH SHETTY AGED ABOUT 66 YEARS 1(C). ASHWIN VASU SHETTY AGED ABOUT 64 YEARS 1(D). ROHITH VASU SHETTY AGED ABOUT 53 YEARS RESPONDENTS NO.1(A) TO 1(D) ARE THE CHILDREN OF LATE VISHALA V.SHETTY AND RESIDING AT 'GAUTAM NIVAS', 154, ST.PAUL ROAD, DADAR EAST, DADAR, MUMBAI-400014. 2. VILASHA J.SHETTY AGED ABOUT 72 YEARS D/O LATE SUGUNA HEGGADTHI, 3. SAROJA SHETTY AGED ABOUT 70 YEARS 4. 4(A) SURAJ SHETTY,(SINCE DECEASED) AGED ABOUT 49 YEARS SINCE DEAD BY HIS LRS LAXMI KIRAN SHETTY AGED ABOUT 54 YEARS W/O LATE SURAJ SHETTY 4(B). BRIJESH SHETTY AGED ABOUT 27 YEARS 4(C). BHAVITH SHETTY AGED ABOUT 22 YEARS RESPONDENTS NO.4(A) TO 4(C) ARE THE CHILDREN OF LATE SURAJ SHETTY AND RESIDING AT FLAT NO.212, BLUE BERRY WOODS MANIPAL, UDUPI TALUK AND DISTRICT-576104 - 5 - HC-KAR NC: 2026:KHC:10988 MFA No. 609 of 2024 5. CHAYA SHETTY AGED ABOUT 45 YEARS RESPONDENT NO.3 IS THE WIFE AND RESPONDENTS NOS.4 AND 5 ARE THE CHILDREN OF LATE SUDAKAR SHETTY. 6. NARENDRA SHETTY AGED ABOUT 57 YEARS 7. BEENA SHETTY AGED ABOUT 53 YEARS 8. MAHENDRA SHETTY AGED ABOUT 48 YEARS, RESPONDENTS NO.6 TO 8 ARE THE CHILDREN OF LATE MANORAMA SHETTY, 9. NAINA AGED ABOUT 69 YEARS, 10. DEEPIKA AGED ABOUT 42 YEARS, 11. SHILPA AGED ABOUT 39 YEARS, RESPONDENTS NO.9 IS THE WIFE AND RESPONDENTS NO.10 AND 11 ARE THE CHILDREN OF LATE LOKANATHA SHETTY, AND RESPONDENT NO.1 TO 11 ARE RESIDING AT "SANNAKKI BETTU HOUSE", SANNAKKI BETTU, PARKALA, UDUPI TALUK AND DISTRICT-576107 12. SABITHA RAI AGED ABOUT 74 YEARS, 13. SURENDRA SHETTY AGED ABOUT 71 YEARS, - 6 - HC-KAR NC: 2026:KHC:10988 MFA No. 609 of 2024 14. KRISHNAMMA AGED ABOUT 69 YEARS, 15. HEMALATHA AGED ABOUT 66 YEARS, 16. MAMATHA AGED ABOUT 64 YEARS, 17. SHALINI AGED ABOUT 62 YEARS, 18. DINESH HEGDE AGED ABOUT 59 YEARS, RESPONDENTS NO.12 TO 18 ARE THE CHILDREN OF LATE SHANTHA HEGGADTHI AND ALL ARE RESIDING AT KONDADI HOUSE, BOMMARABETTU VILLAGE, HIRIYADKA POST, UDUPI TALUK AND DISTRICT-576113 19. VEENA SHETTY AGED ABOUT 65 YEARS, 20. 20(A) PRASANNA HEGDE (SINCE DECEASED) AGED ABOUT 61 YEARS, SINCE DEAD BY HIS LRS SMT SUMANA HEGDE, AGED ABOUT 49 YEARS, W/O LATE PRASANNA HEGDE, 20(B) MISS APOORVA HEGE AGED ABOUT 23 YEARS, D/O LATE PRASANNA HEGDE, RESPONDENTS NO. 20(A) AND 20(B) ARE RESIDING AT "NARASINGE HOUSE', HERGA VILLAGE, PRAKALA POST, UDUPI TALUK AND DISTRICT - 576107 - 7 - HC-KAR NC: 2026:KHC:10988 MFA No. 609 of 2024 21. PRASAD HEGDE AGED ABOUT 60 YEARS, 22. VIDYA AGED ABOUT 59 YEARS, RESPONDENTS NO.19 TO 22 ARE THE CHILDREN OF LATE DASAPPA HEGDE. 23. KANCHANA AGED ABOUT 56 YEARS, 24. SINDOORA AGED ABOUT 30 YEARS, 25. SHIVANI AGED ABOUT 28 YEARS, RESPONDENT NO.23 IS THE WIFE AND RESPONDENTS NO.24 AND 25 ARE THE CHILDREN OF LATE PRADEEP HEGDE, RESPONDENTS NO.19 TO 25 ARE RESIDING AT NARASINGE HOUSE, PARKALA POST, UDUPI TALUK AND DISTRICT-576107. 26. PRATAP SHETTY AGED ABOUT 63 YEARS, 27. PRAMILA SHETTY AGED ABOUT 61 YEARS, 28. PRASAD SHETTY AGED ABOUT 58 YEARS, RESPONDENTS NO.26 TO 28 ARE THE CHILDREN OF LATE VEDAVATI HEGGADTHI AND ALL ARE RESIDING AT KOMBE HOUSE, PARKALA, UDUPI - 576107. - 8 - HC-KAR NC: 2026:KHC:10988 MFA No. 609 of 2024 29. NIRUPAMA HEGDE AGED ABOUT 81 YEARS, D/O LATE SADASHIVA HEGDE, R/AT HIREBETTU HOUSE, ATHRADY, UDUPI-576107. 30. SUJATHA HEGDE AGED ABOUT 75 YEARS, W/O LATE RATHNAKAR HEGDE, 31. MANISH AGED ABOUT 48 YEARS, 32. ASHISH AGED ABOUT 37 YEARS, RESPONDENT NO.30 IS THE WIFE AND RESPONDENTS NO.31 AND 32 ARE THE CHILDREN OF LATE RATHNAKAR HEGDE, 33. APPANNA HEGDE AGED ABOUT 84 YEARS, 34. SABITA HEGDE AGED ABOUT 78 YEARS, 35. SARALA HEGDE AGED ABOUT 75 YEARS, RESPONDENTS NO.33 TO 35 ARE THE CHILDREN OF LATE RAMANNA HEGDE. 36. ROHAN ALVA AGED ABOUT 56 YEARS, 37. DHEERAJ ALVA AGED AVBOUT 47 YEARS 38. PALLAVI AGED ABOUT 36 YEARS - 9 - HC-KAR NC: 2026:KHC:10988 MFA No. 609 of 2024 RESPONDENTS NO.36 TO 38 ARE THE CHILDREN OF LATE SAROJA AND RESPONDENTS NOS.30 TO 38 ARE RESIDING AT "BASRUR HOUSE", BASRUR, KUNDAPURA TALUK, UDUPI DISTRICT-576211. 39. RAMANANDA HEGDE AGED ABOUT 84 YEARS 40. RADHALAKSHMI AGED ABOUT 79 YEARS 41. DEVIPRASAD HEGDE AGED ABOUT 73 YEARS 42. UMESH HEGDE AGED ABOUT 72 YERS 43. RAMESH HEGDE AGED ABOUT 69 YEARS 44. SATISHCHANDRA HEGDE, AGED ABOUT 66 YEARS RESPONDENTS NO.39 TO 44 ARE THE CHILDREN OF LATE JALAJAKSHI HEGGADTHI. 45. SARALA B HEGDE AGED ABOUT 75 YEARS W/O LATE BALAKRISHNA HEGDE 46. SHAILA HEGDE AGED ABOUT 69 YEARS W/O LATE MOHANDAS HEGDE 47. INDIRA T HEGDE AGED ABOUT 60 YEARS W/O TARANATH HEGDE - 10 - HC-KAR NC: 2026:KHC:10988 MFA No. 609 of 2024 48. SHAKEELA AGED ABOUT 43 YEARS W/O LATE HARIPRASAD 49. ANURADHA AGED ABOUT 39 YEARS D/O LATE BALAKRISHNA HEGDE 50. DHARMARAJA AGED ABOUT 44 YEARS 51. JINARAJA AGED ABOUT 39 YEARS 52. RAKSHA AGED ABOUT 37 YEARS 53. SHAILA M HEGDE AGED ABOUT 65 YEARS RESPONDENTS NO.50 TO 53 ARE THE CHILDREN OF LATE MOHANDAS HEGDE 54. H.PRATHAM HEGDE AGED ABOUT 42 YEARS 55. H.MAYURA HEGDE AGED ABOUT 40 YEARS 56. H.MAHAVEER HEGDE AGED ABOUT 38 YEARS 57. SUNAINA AGED ABOUT 39 YEARS 58. TARANA AGED ABOUT 34 YEARS RESPONDENTS NO.57 AND 58 ARE THE CHILDREN OF LATE TARANATH HEGDE RESPONDENTS NO.39 TO 58 ARE RESIDING AT "EESHAKRIAPA", KABYADI, NO.80, - 11 - HC-KAR NC: 2026:KHC:10988 MFA No. 609 of 2024 BADAGABETTU VILLAGE, UDUPI TALUK AND DISTRICT - 576 107 59 V SHUBHAVATHI M SHETTY AGED ABOUT 74 YEARS D/O LATE KUSUMAVATHI R/A "SHUBA NILAYA" MAHADEVI GULLY, POST ALANDA ALANDA - 585302. GULBARGA 60. THE SUB-REGISTRAR OFFICE OF THE SUB -REGISTRAR AT UDUPI, BANNANJE UDUPI TALUK AND DISTRICT - 576101. 61. THE PDO NO.80, BADAGABETTU VILLAGE PANCHAYAT HIREBETTU, UDUPI TALUK - 576 107. 62. THE PDO HIREBETTU VILLAGE PANCHAYAT HIREBETTU UDUPI TALUK - 576 107. 63. SMT SOUMYA NAYAK AGED ABOUT 32 YEARS W/O SRI MADHUKAR NAYAK 64. SRI MADHUKAR NAYAK AGED ABOUT 37 YEARS S/O SRI GOVINDA NAYAK RESPONDENTS NO.63 AND 64 ARE RESIDING AT ARANTHABETTU, HIRIYADKA POST, ANJAR VILLAGE, UDUPI TALUK AND DISTRICT-576 113. 65. SMT K MAMATHA SHETTY AGED ABOUT 65 YEARS W/O LATE SUKESH SHETTY - 12 - HC-KAR NC: 2026:KHC:10988 MFA No. 609 of 2024 66. SRI AMEYA SHETTY AGED ABOUT 36YEARS S/O LATE SUKESH SHETTY 67. SRI NISHANTH SHETTY AGED ABOUT 34 YEARS S/O LATE SUKESH SHETTY RESPONDENTS NO.65 TO 67 ARE RESIDING AT 4-165, "KRISHNA", 5TH CROSS ROAD, DASHARATHA NAGAR, MANIPAL POST, UDUPI TALUK AND DISTRICT-576 104. …RESPONDENTS (BY SRI. KRISHNA MOHANA REDDY C., ADVOCATE FOR R26, R63 AND R64; SMT. ASHA SHETTY, ADVOCATE FOR R28; SMT. LAKSHMI, ADVOCATE FOR SRI. PRASANNA V.R., ADVOCATE FOR R40 TO R42, R44 TO R47 AND 54; R27, R33, R34, R35, R39, R43, R52, R55, R56, R58, R60, R61, R62 AND R65 ARE SERVED AND UNREPRESENTED; VIDE COURT ORDER DATED 09.02.2024, NOTICE TO R1 TO R25 ARE DIPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER 43 RULE 1(r) OF THE CODE OF CIVIL PROCEDURE. THIS MISCELLANEOUS FIRST APPEAL IS LISTED FOR ORDERS, THIS DAY, THE JUDGMENT IS DELIVERED AS UNDER: - 13 - HC-KAR NC: 2026:KHC:10988 MFA No. 609 of 2024 ORAL JUDGMENT Sri.Y.Rajendra Prasad Shetty, counsel for the appellants and Smt.Lakshmi, counsel on behalf of Sri.Prasanna V.R., counsel for respondent Nos.40 to 42, 44 to 47 and 54 appeared in person. 2. Counsel for the respective parties jointly submit that the appeal may be dismissed as having become infructuous. 3. When queried, counsel submits that a conscious decision is taken about the submission as the appeal having become infructuous. 4. The oral submission is placed on record. 5. Resultantly, the appeal is dismissed as having become infructuous. SD/- (JYOTI M) JUDGE SS List No.: 1 Sl No.: 25