IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 02ND 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. 1987 OF 2012 BETWEEN SMT.LUCIANA BENNY ANDRADE NEE LOBO, W/O PHILIP LOBO, AGED ABOUT 49 YEARS, HOUSE WIFE, UPPALLI, INDAVARA POST, CHIKMAGALUR. ...Appellant (By SRI. H.N.M.PRASAD, Advocate) AND 1. SRI.RICHARD WALTER ANDRADE, AGED ABOUT 53 YEARS, S/O LATE FELIX ANDRADE, AGRICULTURIST, UPPALLI, INDAVARA POST, CHIKMAGALUR. 2. SRI.LEO ANDRADE, AGED ABOUT 51 YEARS, S/O LATE FELIX ANDRADE, UPPALLI, INDAVARA POST, CHIKMAGALUR. Digitally signed by MAMATHA K Location: HIGH COURT OF KARNATAKA RFA.No.1987/2012 ------------------------- 2 3. SRI.MANJUNATH PUNAM, AGED ABOUT 45 YEARS, S/O MANJAPPA, BUSINESSMAN. 4. SMT.MAMATHA, AGED ABOUT 36 YEARS, W/O MANJUNATHA PUNAM, BOTH 3 AND 4 ARE R/AT THOTADAMANE, KALASAPURA, CHIKMAGALUR TALUK AND ALSO AT PUNAM POWER, OPP: KSRTC BUS STOP, THIMMAIAH ROAD, BASAVESHWARA NAGAR, BENGALURU. 5. SMT.D.E.SUBHADA, AGED ABOUT 30 YEARS, W/O S.V.SURENDRA, 6. S.V.RAGHAVENDRA, AGED ABOUT 36 YEARS, S/O LATE VAMANACHAR, BOTH ARE R/AT CHITRA WOOD INDUSTRIES, NEHRU NAGAR, V.P.EXTENSION, CHIKMAGALURU. 7. SRI.CICILLA CRASTA, AGED ABOUT 51 YEARS, S/O RICHARD WALTER ANDRADE, R/AT UPPALLI, INDAVARA POST, CHIKMAGALURU. 8. SYED SUFI PASHA, AGED ABOUT 79 YEARS, S/O SYED GHOUSE MOHIDDIN SHAKHADRE, R/AT NO.1544, 3RD STAGE, AUSTIN TOWN, BANGALORE. RFA.No.1987/2012 ------------------------- 3 9. SYED GHOUSE MOHIDDIN, AGED ABOUT 40 YEARS, S/O LATE SYED PEER MOHAMMED SHAKADRI, R/AT JAMLA MASJID ROAD, CHIKMAGALUR CITY. 10. SYED MAGDUM PASHA, AGED ABOUT 53 YEARS, S/O LATE MAHABOOB BASHA, R/AT NEAR MOUNTAIN VIEW SCHOOL, VIDYANAGAR, CHIKMAGALURU. 11. SYED AFTAB SASIQ, AGED ABOUT 37 YEARS, S/O LATE AFTAB BASHA, R/AT NO.333, LAXMI ROAD, SHANTHI NAGARA, BANGALORE. 12. SYED ATHEEQ, AGED ABOUT 49 YEARS, S/O LATE SYED TOWFLQ, R/AT NO.14/2, LANG FORD ROAD, BANGALORE. 13. N.SAJID HUSSAIN, AGED ABOUT 58 YEARS, R/AT RAMANAHALLI, CHIKMAGALURU. 14. SYED MURTHUZA BASHA, AGED ABOUT 57 YEARS, S/O LATE GHOUSE MOHIDDIN SHAKADRI, R/AT RAMANAHALLI, CHIKMAGALUR CITY. 15. SMT.SYED AFIFUNNISSA, AGED ABOUT 82 YEARS, D/O LATE SYED GHOUSE MOHIDDIN SHAKADRI, W/O LATE SYED MUMTAZ PASHA, R/AT MIG KHB COLONY, JYOTHINAGAR POST, CHIKMAGALURU. RFA.No.1987/2012 ------------------------- 4 16. SMT.SYED JAMEELUNNISSA, AGED ABOUT 79 YEARS, D/O LATE SYED GHOUSE MOHIDDIN SHAKADRI, W/O ZAHEER AHAMED, R/AT MARIKAMBA TEMPLE ROAD, SAGARA, SHIMOGA DISTRICT. 17. SMT.SYED SIRAFUNNISSA, AGED ABOUT 70 YEARS, D/O LATE SYED GHOUSE MOHIDDIN SHAKADRI, W/O SYED ANWAR PASHA, R/AT VIVEKANAGARA, BANGALORE. (RESPONDENTS NO.9 TO 17 REPRESENTED BY THEIR GPA HOLDER RESPONDENT NO.8) 18. MRS.LILLY ANDRADE, AGED ABOUT 63 YEARS, W/O MAURICE GOVEAS, R/AT BADYAR, SHAKTHINAGAR POST, BELTHANGADI TALUK, DAKSHINA KANNADA. 19. MRS.SAVITHA ANDRADE, AGED ABOUT 47 YEARS, W/O VINCENT PEREIRA, R/AT PUTTUR ROAD, GURUVAYANAKERE POST, BELTHANGADY TALUK. 20. MRS. GRACY ANDRADE, AGED ABOUT 51 YEARS, W/O HENRY SURVARIS, MANGALORE METAL STORE, BELUR, HASSAN DISTRICT. 21. MRS.THERESA ANDRADE, AGED ABOUT 49 YEARS, W/O WILFRED CONCECCO, R/AT UPPALLI, HIREKOLALE ROAD, INDAVARA POST, CHIKMAGALURU TALUK. RFA.No.1987/2012 ------------------------- 5 (By SRI.CYRIL PRASAD PAIS, Advocate for C/R1 and R2; SRI.B.C.CHETAN, Advocate for R3 and R4; SRI.SUBRAMANYA R., Advocate for R9, R11 to R13 and R15 to R17; R5 to R8, R14, R18 to R21 are served but unrepresented; Notice to R10, R11, R13, R4, R15 and R17 are dispensed with) ……..Respondents This Regular First Appeal filed U/S 96 of CPC, against the Judgment and Decree dated 06.10.2012 passed in O.S. No.208/2007 on the file of the SENIOR CIVIL JUDGE AND JMFC, CHIKMAGALURU, partly allowing the suit for the suit for partition and separate possession and mesne profits. This Regular First Appeal is coming on for Orders this day, the Court made the following: ORAL ORDER Despite two orders passed by this Court, translated copies of the documents/depositions are not being filed. Today, time is being sought to enable the parties to negotiate as there are talks of negotiation going on between the parties. This Court does not appreciate that despite two orders being passed by the Court, no attempt is being made by the appellant to ensure compliance of the order of the Court. RFA.No.1987/2012 ------------------------- 6 However, as a last chance, time till 17.03.2026 is being given to file translated copies of the documents. If translated copies of the documents are not filed by 17.03.2026, this appeal shall stand dismissed without further reference to the Court. If the translated copies along with the attestation and an affidavit under Order XIII Rule 12 CPC (Karnataka Amendment) are duly filed, list the matter on 24.03.2026. Sd/- JUDGE Sd/- JUDGE NOTE: Court Order dt.02.03.2026 not complied with. Hence Appeal stands dismissed. COPY Sd/- ASSISTANT REGISTRAR T By : MK R By : NR C By : STE