- 1 - HC-KAR CNR: KAHC010687662024 NC: 2026:KHC:36941 RSA No. 1672 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 1672 OF 2024 (PAR) BETWEEN: 1. JAGANNATHA SHETTY S/O LATE SHEENA SHETTY, DEAD BY HIS LRS 1(A). SMT. BABY SHETTY AGED ABOUT 82 YEARS, W/O LATE JAGANNATHA SHETTY R/AT MANJUGOLI, BORKATTE POST, MIYAR VILLAGE, KARKALA TALUK, UDUPI DISTRICT - 574 104. 1(B). SUDHAKARA SHETTY S/O LATE JAGANNATH SHETTY DEAD, REPRESENTED BY HIS LR'S 1(B)(i) SMT. SUREKHA SHETTY, W/O LATE SUDHAKARA SHETTY, DEAD, BY HIS LR'S 2. SRINIDHI AGED ABOUT 19 YEARS 3. KUMARI. SANNIDHI AGED ABOUT 17 YEARS 4. MASTER CHIRAG AGED ABOUT 14 YEARS Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010687662024 NC: 2026:KHC:36941 RSA No. 1672 of 2024 APPELLANT NO.3 TO 4 ARE MINOR CHILDREN OF LATE SUDHAKAR SHETTY AND LATE SUREKHA SHETTY, REPRESENTED BY THE NEXT FRIEND GRAND MOTHER, SMT. SUMATHI SHETTY, AGED ABOUT 68 YEARS, W/O SADANANDA SHETTY, R/A. VIDHYANAGAR HOUSE, MUDARANGADI VILLAGE, PILAR POST, UDUPI TALUK - 574 113. 5. SMT. VANITHA SHETTY, AGED ABOUT 54 YEARS, D/O. LATE JAGANNATHA SHETTY, PRESENTLY RESIDING AT NO. 3001, THIRD BLOCK, JANAPRIYA MAHANAGAR APARTMENT, BALAPUR X ROAD, MEERPETH, TELANGANA, HYDERABAD - 500 097. 6. SMT. SABITHA SHETTY, AGED ABOUT 53 YEARS, D/O. LATE JAGANNATHA SHETTY, PRESENTLY R/AT NAMRATA HOUSING SOCIETY, ROOM NO. 7/25, SECTOR NO 21, YAMUNANAGAR, NIGDI, NEAR MAHADEV MANDIR, PUNE - 41 1044 7. SRI. UDAYA SHETTY, AGED ABOUT 43 YEARS, S/O. LATE JAGANNATHA SHETTY, NO.5 TO 7 ARE RESIDING AT MANJUGOLI, BORKATTE POST, MIYAR VILLAGE, KARKALA TALUK, UDUPI DISTRICT - 574 104. PERMANENT R/O MANJUGOLI, BORKATTE POST, MIYAR VILLAGE, KARKALA TALUK, UDUPI DISTRICT - 574 104. …APPELLANTS (BY SRI. RAJU BHAT, ADVOCATE) - 3 - HC-KAR CNR: KAHC010687662024 NC: 2026:KHC:36941 RSA No. 1672 of 2024 AND: 1. CHINDU SHEDTI WIDOW OF SHEENA SHETTY DEAD BY LR'S, 2. KITTA SHETTY S/O LATE SHEENA SHETTY, DEAD BY LR'S, 2(A). SMT. VASANTHI SHEDTHI W/O. LATE KITTA SHETTY, (SINCE DECEASED, BY RESPONDENTS NO.2 TO 5) 2(B). SRI. SURESH SHETTY, AGED ABOUT 56 YEARS 2(C). SRI. HARISH SHETTY AGED ABOUT 46 YEARS 2(D). SRI SATHISH SHETTY AGED ABOUT 44 YEARS 2(E). SRI GANESH SHETTY AGED ABOUT 40 YEARS RESPONDENT NO.2(B) TO 2(E) ARE THE CHILDREN OF LATE KITTA SHETTY, AND ALL ARE RESIDING AT RESIDING AT ROOM NO.2, PUDOJI PATILCHAL, ASHBE GAUON, DOMBIVILI, DOMBIVILI (EAST), THANE DISTRICT, MAHARASTRA STATE - 400 080. 3. SRI. SANJEEVA SHETTY, AGED ABOUT 71 YEARS, S/O LATE SHEENA SHETTY, POSARAGUDDE DARKAS HOUSE, MIYAR VILLAGE, KARKALA TALUK, KUNTIBAIL POST, UDUPI DISTRICT - 574 104 - 4 - HC-KAR CNR: KAHC010687662024 NC: 2026:KHC:36941 RSA No. 1672 of 2024 4. SMT. SUNDARI SHEDTHI, AGED ABOUT 64 YEARS, D/O. LATE SHEENA SHETTY, ROOM NO.9, CHAALI NO.2, SHANTHILAL COMPOUND, BANDRA KHERWADI (EAST) MUMBAI, MUMBAI - 400 051. 5. SRI. ANANDA SHETTY, AGED ABOUT 54 YEARS, S/O. LATE SHEENA SHETTY. 5 CENTS COLONY, KALLOTTE, GUNDIBAIL, NEERE VILLAGE, KARKALA TALUK, POST BAILUR, UDUPI DISTRICT - 574 104. 6. SMT. MALLIKA SHEDTHI, AGED ABOUT 56 YEARS, W/O. LATE SADANANDA SHETTY, 7. HARSHINI AGED ABOUT 33 YEARS, D/O LATE SADANANDA SHETTY 8. SRI. HARISH AGED ABOUT 35 YEARS, NO.7 AND 8 ARE THE CHILDREN OF LATE SADANANDA SHETTY NO.6 TO 8 ARE RESIDING AT ROOM NO.7, I.I.T. MAIN GATE, HARIKRISHNA ROAD, NEAR MARKET POWAI, MUMBAI. 9. SRI. P.K. NAMBIAR, AGED ABOUT 82 YEARS, S/O. LATE E.T. K. NAMBIAR, R/AT. KUDVA'S COMPOUND, KUNTHALPADY, KARKALA KASBA VILLAGE, - 5 - HC-KAR CNR: KAHC010687662024 NC: 2026:KHC:36941 RSA No. 1672 of 2024 KARKALA TALUK - 574 104. 10. SRI. VIJAYA SHETTY AGED ABOUT 36 YEARS, S/O. LATE JAGANNATHA SHETTY, 11. SRI. RATHNAKARA SHETTY AGED ABOUT 52 YEARS, S/O. LATE JAGANNATHA SHETTY, NO.10 AND 11 ARE R/AT MANJUGOLI, BORKATTE POST, MIYAR VILLAGE, KARKALA TALUK, UDUPI DISTRICT - 574 104. 11. SMT. SUJATHA SHETTY, AGED ABOUT 48 YEARS, D/O. LATE JAGANNATHA SHETTY, R/AT. 5 CENTS COLONY, KALATHRAPADE, NALLUR VILLAGE, KARKALA TALUK, UDUPI DISTRICT - 574 104. …RESPONDENTS THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 14.06.2024 PASSED IN RA NO.31/2016 ON THE FILE OF SENIOR CIVIL JUDGE AND ACJM, KARKALA., DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 2.03.2016 PASSED IN OS NO.12/2008 ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC, KARKALA. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 6 - HC-KAR CNR: KAHC010687662024 NC: 2026:KHC:36941 RSA No. 1672 of 2024 CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Appeal came to be filed on 26.11.2024. Sufficient time has been granted to cure the office objections. Till today office objections are not cured. Accordingly, appeal stands dismissed for non prosecution. Sd/- (V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 25