- 1 - HC-KAR NC: 2026:KHC:26531-DB RFA No. 1048 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF REGULAR FIRST APPEAL NO. 1048 OF 2017 (PAR-) BETWEEN: 1. M/S UPKAR DEVELOPERS A REGISTERED PARTNERSHIP FIRM REGISTERED UNDER REGISTRAR OF FIRMS REGISTERED OFFICE AT NO.28, UPKAR TOWERS, 9TH CROSS, OPP. R.V. ROAD, JAYAANGAR II BLOCK, BENGLAURU 560 011. REPRESENTED BY ITS MANAGING PARTNER MR. K.H. KHAN, AGED ABOUT 62 YEARS S/O LATE N.A. KHAN (BENEFIT OF SENIOR CITIZENSHIP IS NOT CLAIMED BY THE APPELLANT AT PRESENT IN THIS APPEAL) …APPELLANT (BY SRI. BHADRINATH R., ADVOCATE) AND: 1. SMT. MANONMANI AGED ABOUT 54 YEARS, W/O JEEVAN RESIDNG AT NO.79/11, M.K. JAYA COMPOUND, M.E.S. COLONY, HUNSUR 571114 MYSORE DISTRICT. Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26531-DB RFA No. 1048 of 2017 2. SMT. USHA AGED ABOUT 58 YEARS W/O LAWTE PURUSHOTHAMA C/O PUTTASWAMY, NO.424, GROUND FLOOR, 17TH MAIN, 2ND CROSS, K.H.B. COLONY, 5TH BLOCK, KORAMANGALA BENGALURU 560 076. 3. SRI. M.K. ANANDA AGED 48 YEARS, S/O LAE M.K. JAYA 4. SRI. M.K. NANDA AGED 44 YEARS S/O LATE M.K. JAYA R3 & R4 RESIDING AT M.K. JAYA COMPOUNDK, NES COLONY, HUNSUR 571114 MYSORE DISTRICT. 5. SMT. ASHA W/O ASHOK AMIN AGED ABOUT 48 YEARS, RESIING AT DURGA NIVAS ROOM NO.5, BLOCK "G" NEAR ITI, POWAI, MUMBAI 400 076. 6. SRI. BASAVARAJU S/O DEVAIAH AGED ABOUT 51 YEARS RESIDING AT BILIKERE VILLAGE HUNSUR 571105. 7. SRI. NAGARAJU S/O DODDAIAH AGED ABOUT 48 YEARS, BANNI STREET HUNSUR TOWN-571114 - 3 - HC-KAR NC: 2026:KHC:26531-DB RFA No. 1048 of 2017 MYSORE DISTRICT. 8. SRI. DEEPAK AGED 26 YEARS S/O M.K. ANANDA 9. SRI. DHEERESH AGED 24 YEARS S/O M.K. ANANDA 10. SRI. ANISH AGED 20 YEARS R8 to R10 ARE RESIDING AT M.K. JAYA COMPOUND NES COLONY, HUNSUR-571114 MYSORE DISTRICT. …RESPONDENTS (BY SRI. SUNEEL S.NARAYAN, ADVOCATE FOR R1 & R2; SRI. MALLAPPA S NACHAVAR, ADVOCATE FOR SRI. B S NAGARAJ, ADVOCATE FOR R3, R4, R8, R9 & R10., ADVOCATE; R5, R6 AND R7 ARE SERVED AND UNREPRESENTED) THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED:15.07.2011 PASSED IN OS.NO.158/2005 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, HUNSUR., PARTLY DECREEING THE SUIT FOR PARTITION. THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF - 4 - HC-KAR NC: 2026:KHC:26531-DB RFA No. 1048 of 2017 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The proposed applicant has filed the present appeal along with the application seeking condonation of delay of 3882 days, as well as the application seeking leave of this Court to file an appeal challenging the judgment and decree dated 15.07.2011 passed by the Additional Senior Civil Judge and JMFC, Hunsur in Original Suit No.158/2005 filed by respondent Nos.1 and 2 seeking partition of the suit schedule property. During the pendency of this suit, the defendant Nos.4 and 5 namely, Basavaraju and Nagaraju, disposed of the 'A' schedule property in favour of one Satya without leave of this Court. No application was filed before this Court when the lis was pending seeking alienation of 'A' schedule property in favour of Satya, however, the applicant has purchased the 'A' schedule property from Satya. 2. We are of the view that the application cannot be maintained and that there is no sufficient reason to condone such an enormous delay of 3882 days. We, therefore, dismiss the appeal. Resultantly, the proposed application is also dismissed. However, the amount deposited by the appellant, - 5 - HC-KAR NC: 2026:KHC:26531-DB RFA No. 1048 of 2017 before this Court in pursuance of the interim order dated 23.09.2025, shall be refunded along with interest accrued thereon. The applicant may work out legal remedies against Satya or any other person in accordance with law. However, the applicant cannot be allowed to challenge the judgment and decree in question. Sd/- (D K SINGH) JUDGE Sd/- (T.M.NADAF) JUDGE RKA List No.: 1 Sl No.: 17