- 1 - HC-KAR NC: 2026:KHC:27631 RSA No. 353 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO.353 OF 2023 (DEC/INJ) BETWEEN: 1. JOSE J PINAKATT S/O LATE JOHN PINAKATT AGED ABOUT 70 YEARS, DOOR NO.22-3-590/3 FLAT NO.102, 1ST FLOOR, SAGAR DISHA APARTMENT, NEAR GUJJARAKERE, JEPPU MANGALURU-575001 2. MRS CORAL BERNARD W/O LATE FRANCIS BERNARD AGED ABOUT 69 YEARS, 3. DONAVAN BERNARD S/O LATE FRANCIS BERNARD AGED ABOUT 40 YEARS, NO.2 AND 3 ARE R/A NO.1/297, BERNARD BUNGALOW PARADE ROAD, FORT KOCHI, KERALA STATE 4. MRS GAIL MONICA FERNANDEZ D/O LATE FRANCIS BERNARD AGED ABOUT 45 YEARS, R/A FLAT NO.1507, KHALADIA TOWERS COKRNINCH ROAD P O NO.94818, ABU DHABI Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27631 RSA No. 353 of 2023 5. SUNNY J PINAKATT S/O LATE JOHN J PINACATT AGED ABOUT 68 YEARS, DOOR NO.22-3-590/3 FLAT NO.102, 1ST FLOOR, BOLAR POST, MANGALORE 6. SMT ANNAMMA P J JAISON C F 60 DOOR NO.22-3-590/3 FLAT NO.102, 1ST FLOOR, SAGAR DISHA APARTMENT NEAR GUJJARAKERE JEPPU MANGALORE-575001 …APPELLANTS (BY SRI. DAYALU K N, ADVOCATE) AND: 1. MOHAMMED YOUSUF SHARIFF S/O LATE SHAIK SHAMIR AGED ABOUT 44 YEARS, TIMBER MERCHANT R/O SMALL MOSQUE STREET, TARIKERE 2. MOHAMMED YOUNUS SHARIFF S/O LATE SHAIK SHAMIR AGED ABOUT 37 YEARS TIMBER MERCHANT R/A SMALL MASQUE STREET TARIKERE 3. SMT ARSHIYA TAMEEN D/O LATE SHAIK SHAMIR AGED ABOUT 44 YEARS HOUSE WIFE R/A SMALL MASQUE STREET TARIKERE 4. MOHAMMED ISMAIL SHERIFF - 3 - HC-KAR NC: 2026:KHC:27631 RSA No. 353 of 2023 S/O LATE SHAIK SHAMIR AGED ABOUT 38 YEARS, NO.93, 3RD CROSS ROAD K R NAGARA CHOODASANDRA HOSA ROAD BENGALURU-560099 5. DR SUMAIYA SABEEN D/O LATE SHAIK SHAMIR AGED ABOUT 34 YEARS, NO.179, GROUND FLOOR, 9TH F MAIN ROAD B T M LAYOUT 1ST STAGE, BENGALURU-560029 …RESPONDENTS THIS RSA IS FILED UNDER SECTION 100 OF CODE OF CIVIL PROCEDURE, AGAINST THE JUDGMENT AND DECREE DATED 02.11.2022 PASSED IN RA.NO.21/2022 ON THE FILE OF THE PRINCIPAL JUDGE, (DISTRICT AND SESSIONS JUDGE) FAMILY COURT, CHIKKAMAGALURU, PARTLY ALLOWING THE APPEAL AND FILED AGAINST THE JUDGMENT AND DECREE DATED 25.06.2019 PASSED IN O.S.No.01/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, N.R.PURA. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT Deficit Court Fee is not paid and office objections are not complied. Appeal is of the year 2023. - 4 - HC-KAR NC: 2026:KHC:27631 RSA No. 353 of 2023 Accordingly, appeal stands dismissed for non prosecution. Sd/- (V SRISHANANDA) JUDGE MR List No.: 1 Sl No.: 71