HC-KAR NC: 2026:KHC:29490-DB RFA No. 1695 of 2010 1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2026 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU REGULAR FIRST APPEAL NO. 1695 OF 2010 (PAR) BETWEEN: 1. ASHALATHA SHETTY, MAJOR, W/O LATE DR. RATHNAKAR SHETTY SANTHERI PALLAVI NURSING HOME, PADUBIDRI, UDUPI DISTRICT, KARNATAKA-574 111. 2. PALLAVI.R.SHETTY, MAJOR, D/O LATE RAMAN SHETTY, C604, SKYLINE SOLSTICE #35, BHUVANAGIRI MAIN ROAD, NEXT TO BANASWADI TELEPHONE EXCHANGE, BANGALORE – 560 043. …APPELLANTS (BY SRI. JEEVAN GOPAL., ADVOCATE FOR SMT. LATHA.S.SHETTY., ADVOCATE) AND: 1. MEERA.K.SHETTY AGED ABOUT 89 YEARS, SINCE DEAD REPRESENTED BY LR’S RESPONDENT NO.2 TO 6 & 8 2. MAMATHA SHETTY AGED ABOUT 57 YEARS, C/O DR. N.S.SHETTY, Digitally signed by SUMATHY KANNAN Location: HIGH COURT OF KARNTAKA HC-KAR NC: 2026:KHC:29490-DB RFA No. 1695 of 2010 2 189, DELIA D RIVE COMMERCE, GEORGIA-30529; USA. 3. ROHITH.N.SHETTY S/O DR. N.S.SHETTY, AGED ABOUT 27 YEARS, C/O N.S.SHETTY 189, DELIA D RIVE COMMERCE, GEORGIA-30529, USA. 4. ANITHA.M.SHETTY AGED ABOUT 54 YEARS, C/O DR. A.M.SHETTY, 11, VENUS MANOR, KADRI KAMBLA ROAD, KADRI, MANGALORE-575 002. 5. AKASHATHA.M.SHETTY AGED ABOUT Ze YEARS, C/O DR. A.M.SHETTY 11, VENUS MANOR, KADRI KAMBLA ROAD, KADRI, MANGALORE-575 002. 6. AISHWARYA.M.SHETTY AGED ABOUT 27 YEARS, C/O DR.A.M.SHEITY, 11, VENUS MANOR, KADRI KAMBLA ROAD, KADRI, MANGALORE-575 002. 7. ANIL.K.SHETTY SINCE DEAD BY LR’S RESPONDENT NO.2 TO 6 & 8 8. ASHOK.K.SHETTY S/O K.K.SHETTY, R/O 13010 HUMPHRAY DRIVE, AUSTIN, TEXAS 78729. U.S.A. 9. TARA.P.SHETTY HC-KAR NC: 2026:KHC:29490-DB RFA No. 1695 of 2010 3 W/O LATE PREM PRABHAKAR SHETTY, AGED ABOUT 70 YEARS, C/O MR. PRABHAKAR SHETTY, C-22, RUSTOMJEE RIVIERA, NEAR ORLEM CHURCH OFF MARVE ROAD, ORLEM, MALAD (W) MUMBAI-400 064. 10. NILAMBARI.P.SHETTY AGED ABOUT 45 YEARS, C/O MR. PRABHAKAR SHETTY, C-22, RUSTOMJEE RIVIERA, NEAR ORLEM CHURCH OFF MARVE ROAD, ORLEM, MALAD (W), MUMBAI-400 064. 11. PARANJOTI.P.SHETTY AGED ABOUT 47 YEARS, S/O LATE PREM PRABHAKAR SHETTY, R/O. ROSHAN RESIDENCY, FLAT NO. 601, PLOT NO. 309, RAM MANDIR ROAD, BADERI, OPP. L.T.ROAD, BORIVILLI (WEST) MUMBAI-400 092. 12. SUBAHU.P.SHETTY AGED ABOUT 40 YEARS, S/O LATE PREM PRABHAKAR SHETTY R/O.126, SANKALP BIMAKAMGAR CO-OPE. HSG. SOCIETY CHARKOP, KANDIVALI (WEST). MUMBAI-400 067. ALSO AT NO.1205, 440 MAC MURCHY AVENUE, BRAMPTOM-6Y2N5, CANADA. 13. MRS. VEENA.R.HEGDE AGED ABOUT 57 YEARS, R/O. C/O. B.R.HEGDE, 419, 6TH MAIN, 12TH CROSS, IIND CROSS, WEST OF CHORD ROAD, BANGALORE-560 010. HC-KAR NC: 2026:KHC:29490-DB RFA No. 1695 of 2010 4 14. PRAVEEN.R.SHETTY AGED ABOUT 53 YEARS, 15. NAVEEN.R.SHETTY AGED ABOUT 50 YEARS, RESPONDENT NOS.14 TO 15 ARE THE CHILDREN OF LATE M.RAGHAVA SHETTY & R/A. KAYSONS CO-OPERATIVE HOUSING SOCIETY, 1ST FLOOR, FLAT NO.7, VIKROLI, MUMBAI-400 079. …RESPONDENTS (BY SMT. VAISHALI HEGDE., ADVOCATE FOR R2 TO R8; SRI. G.RAVISHANKAR SHASTRY., ADVOCATE FOR R13; SRI. S.SHAKER SHETTY., ADVOCATE FOR R14 & 15; R1, R9 & 10-SERVED AND UNREPRESENTED; V/O/D:24.04.2013-SERVICE OF NOTICE TO R11 & R12- HELD SUFFICIENT) THIS RFA FILED U/S 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED:30.06.2010 PASSED IN O.S.58/2000 ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE, UDUPI, PARTLY DECREEING THE SUIT FOR PARTITION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI & HON'BLE MS. JUSTICE TARA VITASTA GANJU HC-KAR NC: 2026:KHC:29490-DB RFA No. 1695 of 2010 5 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE JAYANT BANERJI) When the matter was last listed, the following order was passed : “Smt. Latha Shetty, whose name appears for the appellants, seeks time to file the vakalathnama. As a final chance, the learned counsel for the appellants is granted two weeks’ time to do the needful. List this appeal on 16.06.2026 with the understanding that the case will not be adjourned when it is listed next.” 2. It appears that a Vakalathnama has been filed on behalf of the appellant No.1 alone. An adjournment is being sought on the ground that the appellant No.2 is residing abroad. 3. Be that as it may, in view of the previous order of the Court and since the learned counsel for the appellant has filed Vakalathnama in respect of the appellant No.1, we decline the plea for an adjournment and asked the learned counsel who is appearing online to proceed with the arguments. HC-KAR NC: 2026:KHC:29490-DB RFA No. 1695 of 2010 6 4. At this stage, he again seeks an adjournment, which we are not inclined to grant. This matter has been pending since 2010. This appeal is therefore dismissed for non- prosecution. This order has been passed in the presence of the learned counsel appearing for the respondents. Sd/- (JAYANT BANERJI) JUDGE Sd/- (TARA VITASTA GANJU) JUDGE JJ List No.: 1 Sl No.: 22