- 1 - HC-KAR NC: 2026:KHC:30920 RSA No. 1282 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 1282 OF 2021 (PAR) BETWEEN: 1. HOMBALASHETTY SINCE DEAD BY LRS SMT MAHADEVAMMA AGED ABOUT 68 YEARS W/O LATE HOMBALASHETTY 2. SRI MAHADEVA AGED ABOUT 50 YEARS S/O LATE HOMBALASHETTY 3. SRI NAGA AGED ABOUT 47 YEARS S/O LATE HOMBALASHETTY 4. SRI KUMARA AGED ABOUT 45 YEARS S/O LATE HOMBALASHETTY 5. MAHESHA SINCE DEAD BY LRS SMT SUNITHA AGED ABOUT 32 YEARS W/O LATE MAHESHA 6. PAPU AGED ABOUT 7 YEARS S/O LATE MAHESHA Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30920 RSA No. 1282 of 2021 6TH APPELLANT IS MINOR REPRESENTED BY MOTHER SMT. SUNITHA APPELLANT NO.5 7. SMT RAJAMMA AGED ABOUT 40 YEARS D/O LATE HOMBALASHETTY APPELLANTS NO.1 TO 7 ARE R/AT MUDALAHUNDI VILLAGE VARAKODU DHAKLE VARUNA HOBLI MYSURU TALUK AND DISTRICT - 570 010 8. SRI KEMPARAJU AGED ABOUT 53 YEARS S/O LATE HOMBALASHETTY R/AT ARAKERE VILLAGE SRIRANGAPATNA TALUK MANDYA DISTRICT - 571 415 …APPELLANTS (BY SRI. P NATARAJU, ADVOCATE) AND: 1. KEMPASHETTY SINCE DEAD BY LRS SMT HOMBALAMMA AGED ABOUT 65 YEARS W/O LATE KEMPASHETTY 2. SMT MANGALAMMA AGED ABOUT 51 YEARS D/O LATE KEMPASHETTY - 3 - HC-KAR NC: 2026:KHC:30920 RSA No. 1282 of 2021 3. SRI NAGARAJU AGED ABOUT 40 YEARS S/O LATE KEMPASHETTY 4. SRI NAGESH AGED ABOUT 38 YEARS S/O LATE KEMPASHETTY 5. SMT BHAGYAMMA AGED ABOUT 38 YEARS D/O LATE KEMPASHETTY RESPONDENTS NO.1 TO 5 ARE R/AT ARAKERE VILLAGE SULTAN ROAD JANATHA SITE SRIRANGAPATNA MANDYA DISTRICT - 571 415 6. MARASHETTY SINCE DEAD BY LRS SMT PUTTANINGAMMA AGED ABOUT 68 YEARS W/O LATE MARASHETTY 7. SMT NINGAMMA AGED ABOUT 48 YEARS D/O LATE MARASHETTY 8. SRI KRISHNA AGED ABOUT 46 YEARS S/O LATE MARASHETTY 9. SRI SOMANNA AGED ABOUT 43 YEARS S/O LATE MARASHETTY - 4 - HC-KAR NC: 2026:KHC:30920 RSA No. 1282 of 2021 RESPONDENTS NO.6 TO9 ARE R/AT MUDALAHUNDI VILLAGE VARAKODU DAKHLE VARUNA HOBLI MYSURU TALUK AND DISTRICT - 570 010 10. SRI SIDDASHETTY AGED ABOUT 64 YEARS S/O LATE CHENNAMMA R/AT ARAKERE VILLAGE SHRIRANGAPATNA TALUK MANDYA DISTRICT - 571 415 11. SMT PUTTANINGAMMA AGED ABOUT 66 YEARS W/O PAPASHETTY D/O LATE HOMBALASHETTY R/AT HANCHYA VILLAGE KASABA HOBLI MYSURU TALUK AND DISTRICT - 570 029 12. SMT CHIKKOLU @ CHIKKATHAYAMMA AGED ABOUT 64 YEARS W/O VENKARASHETTY D/O LATE HOMBALASHETTY R/AT CHENNANAGUNDI VILLAGE MUDAKANAHUNDI POST SARAGURU TALUK MYSURU DISTRICT - 571 121 …RESPONDENTS (BY SRI. THEJESH N., ADVOCATE FOR R1 TO R9 (ABSENT) SRI. SANDEEP S. SHAHAPUR, ADVOCATE FOR R11 AND R12 (ABSENT)) THIS RSA IS FILED UNDER SECTION 100 OF CPC 1908 AGAINST THE JUDGMENT AND DECREE DATED 10.08.2020 - 5 - HC-KAR NC: 2026:KHC:30920 RSA No. 1282 of 2021 PASSED IN RA.No.267/2019 ON THE FILE OF THE VII ADDITIONAL DISTRICT JUDGE, MYSURU, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 24.04.2019 PASSED IN OS.No1541/2007ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, MYSURU. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER No steps are taken in respect of deceased respondent No.10. Accordingly, appeal stands dismissed as against respondent No.10 as abated by operation of law. Since the suit is one for partition and tenth respondent is a sharer. What has been challenged in this appeal is only declaration of the rights and preliminary decree has been passed. As such in the absence of all sharers as party to appeal, whole appeal abates and it is dismissed. Sd/- (V SRISHANANDA) JUDGE SNC List No.: 1 Sl No.: 14