- 1 - HC-KAR NC: 2026:KHC:27795 RSA No. 2305 of 2017 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. 2305 OF 2017 (PAR) BETWEEN: CHAMARAJA AGED ABOUT 60 YEARS S/O LATE LINGANNA @ KARIYAPPA R/A ERAPPANA KOPPALU VILALGE, RATTANA HALLI, YELAWALA HOBLI, MYSORE TALUK MYSORE DISTRICT - 571 130 …APPELLANT (BY SRI. DEEPASHREE, ADVOCATE) AND: 1. MALLESH AGED ABOUT 36 YEARS S/O SOMAPPA 2. BHEEMESHA AGED ABOUT 32 YEARS S/O SOMAPPA 3. MANJULA AGED ABOUT 29 YEARS D/O SOMAPPA RESPONDENTS NO.1 TO 3 ARE RESIDENTS OF MARALAIHANA KOPPALU BANNIKUPPE POST Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:27795 RSA No. 2305 of 2017 HUNSUR TALUK MYSORE DISTRICT - 571 105 4. NANJAMMA AGED ABOUT 81 YEARS W/O LATE LINGANNA @ KARIYAPPA 5. PARVATHI AGED ABOUT 51 YEARS D/O LATE LINGANNA @ KARIYAPPA 6. MANJULA AGED ABOUT 47 YEARS D/O LATE LINGANNA @ KARIYAPPA NANJUNDA SWAMY S/O LATE LINGANNA @ KARIYAPPA SINCE DECEASED BY L R S 7. BHAGYA AGED ABOUT 51 YEARS W/O. NANJUNDA SWAMY 8. MANJU AGED ABOUT 23 YEARS 9. SAVITHA AGED ABOUT 21 YEARS RESPONDENTS NO.8 AND 9 ARE CHILDREN OF NANJUNDA SWAMY 10. DEVAPPA AGED ABOUT 41 YEARS S/O LATE LINGANNA @ KARIYAPPA - 3 - HC-KAR NC: 2026:KHC:27795 RSA No. 2305 of 2017 RESPONDENTS NO.4 TO 10 ARE ALL RESIDENTS OF ERAPPANA KOPPALU VILLAGE YELAWALA HOBLI MYSORE TALUK MYSORE DISTRICT - 571 130 11. BASAVE GOWDA S/O NARAYANA GOWDA AGED ABOUT 57 YEARS R/A CBA RICE MILL EXTENSION K R S ROAD, PANDAVAPURA TOWN MANDYA DISTICT - 571 434 12. K PRAKASH AGED ABOUT 50 YEARS S/O KAPPADI SHETTY RESIDENT OF PETE BEEDHI PANDAVAPURA TOWN MANDYA DISTRICT - 571 434 …RESPONDENTS (BY SRI. B.S. NAGARAJ, ADVOCATE FOR R1 TO R3 SRI. B.K. MOHAN, ADVOCATE FOR R11 AND R12 NOTICE TO R7 AND R8 ARE SERVED AND UNREPRESENTED) THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE JUDGEMENT AND DECREE DTD 01.02.2017 PASSED IN R.A.NO. 314/2011 ON THE FILE OF THE IV ADDITIONAL DISTRICT JUDGE, MYSURU, PARTLY ALLOWED THE APPEAL AND MODIFYING THE JUDGEMENT AND DECREE DATED 01.04.2011 PASSED IN OS.NO. 1178/2007 ON THE FILE OF THE II ADDITIONAL SR. CVIIL JUDGE MYSORE. - 4 - HC-KAR NC: 2026:KHC:27795 RSA No. 2305 of 2017 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT No steps are taken to bring the legal representatives of deceased respondent No.6 on record. As such, appeal stands dismissed as against the respondent No.6. Suit is one for partition. Therefore, in view of dismissal of the appeal insofar as respondent No.6 is concerned, the whole appeal stands dismissed as without all sharers the appeal cannot be decided on merits. Sd/- (V SRISHANANDA) JUDGE SNC List No.: 1 Sl No.: 21