- 1 - HC-KAR CNR: KAHC010339712023 NC: 2026:KHC:37037 RSA No. 1196 of 2023 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. 1196 OF 2023 (DEC/PAR) BETWEEN: SRI. JANARDHANA PRABHU S/O LATE DEVANNA PRABHU AGE ABOUT 51 YEARS, DRIVER, K.M.C HOSPITAL MANIPAL, UDUPI TALUK UDUPI DISTRICT - 576 101. …APPELLANT (BY SRI. JAYAKARA SHETTY H, ADVOCATE) AND: 1. KRISHNA PRABHU, S/O LATE DEVANNA PRABHU AGED ABOUT 67 YEARS VEGETABLE MERCHANT R/AT KODIKAL URVA STORE MANGALORE, D.K. DISTRICT - 575 001. 2. BHARATHI @ SHAILA D/O LATE DEVANNA PRABHU AGED ABOUT 62 YEARS R/AT ARASABILU THOTADAMANE SHIRLAL VILLAGE, KARKALA TALUK UDUPI DISTRICT - 574 104. Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010339712023 NC: 2026:KHC:37037 RSA No. 1196 of 2023 3. PUSHPA @LATHA D/O LATE DEVANNA PRABHU AGED ABOUT 54 YEARS R/AT ARASABILU THOTADAMANE SHIRLAL VILLAGE, KARKALA TALUK UDUPI DISTRICT - 574 104. 4. PANDURANGA PRABHU D/O LATE DEVANNA PRABHU AGED ABOUT 61 YEARS R/AT ARASABILU THOTADAMANE SHIRLAL VILLAGE, KARKALA TALUK UDUPI DISTRICT - 574 104. …RESPONDENTS (BY SRI. PRASANNA V.R, ADVOCATE FOR R2 TO R4; R1 - SERVED) THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGEMENT AND DECREE DATED 11.07.2022 PASSED IN RA NO.19/2017 ON THE FILE OF II ADDITIONAL DISTRICT AND SESSIONS JUDGE, UDUPI (ITINERARY SITING AT KARKALA) ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE DATED 18.02.2017 PASSED IN OS NO.11/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ACJM KARKALA. THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010339712023 NC: 2026:KHC:37037 RSA No. 1196 of 2023 CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER 1. Heard I.A.No.1/2024. 2. Same is filed to condone the delay of 247 days in filing the appeal. Application is supported by the affidavit. 3. Reasons assigned by the appellant for not approaching the Court is that there were talks of settlement among the parties. Same is denied by the other side. 4. Sri.Prasanna V. R., learned counsel would further contend that after filing of the appeal, Final Decree Proceedings were initiated and appellant herein has contested the Final Decree Proceedings and after contest, Final Decree Proceedings came to be closed. Accordingly, nothing would survive in the present appeal to be decided on merits as the appeal is only with regard to allotment of shares. 5. Objections raised by learned counsel for the respondents is having sufficient force in opposing the - 4 - HC-KAR CNR: KAHC010339712023 NC: 2026:KHC:37037 RSA No. 1196 of 2023 application. Accordingly, I.A.No.1/2024 is dismissed. Consequently, appeal is also dismissed. 6. However, if the appellant is aggrieved, appellant may challenge the Final Decree Proceedings in accordance with law. Sd/- (V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 46