- 1 - HC-KAR NC: 2026:KHC:545-DB RFA No. 89 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE S RACHAIAH REGULAR FIRST APPEAL NO. 89 OF 2014 (PAR/POS) BETWEEN: 1. INDRANI SHEKAR W/O R.SOMASHEKARAIAH, AGED 57 YEARS, R/AT NO.1224, VENKATAGIRI, 21ST CROSS, 4TH MAIN, 7TH SECTOR, HSR LAYOUT, BANGALORE-560 102. REPRESENTED BY GENERAL POWER OF ATTORNEY HOLDER, R.SOMASHEKARAIAH, S/O LATE HC RAMAIAH AGED 64 YEARS, R/AT NO.1224, VENKATAGIRI, 21ST CROSS, 4TH MAIN, 7TH SECTOR, HSR LAYOUT, BANGALORE-560 102. …APPELLANT (BY SRI. P N MANMOHAN., ADVOCATE) AND: 1. SUGUNA D/O LATE M.S.RAMESH, AGED ABOUT 35 YEARS, R/AT NO.224, 2ND BLOCK, 2ND MAIN, THAYAGARAJA NAGAR, BANGALORE-560028. Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:545-DB RFA No. 89 of 2014 ALSO AT C/O DR.GAVIAPPA NO.41, SRI RAMA VILAS, SHANKER MUTT ROAD, SANKARPURAM, BASAVANAGUDI, BANGALORE-560004. 2. SUNANDA D/O LATE M.S.RAMESH, AGED ABOUT 33 YEARS, R/AT NO.224, 2ND BLOCK, 2ND MAIN, THAYAGARAJA NAGAR, BANGALORE-560028. NOW R/AT NO.1618, ANN STREET, PISCATAWAY, NEW JERSY 08854, USA. 3. SUPRIYA RAMESH D/O LATE M.S.RAMESH, AGED 29 YEARS, R/AT NO.S-1, RAJALAKSHMI FLOOR, VENKATESHWAR NAGAR, RAMAPURAM, CHENNAI-600001. ALSO AT C/O DR.BORAPPA, 403, 1ST CROSS, 6TH MAIN, NGEF LAYOUT, SADANANDANAGAR, BANGALORE-560038. 4. TRIVENI W/O M.S.RAMESH, AGED 48 YEARS, R/AT NO.224, 2ND BLOCK, 2ND MAIN, THAYAGARAJA NAGAR, BANGALORE-560028. - 3 - HC-KAR NC: 2026:KHC:545-DB RFA No. 89 of 2014 ALSO AT C/O DR.GAVIAPPA NO.41, SRI RAMA VILAS, SHANKER MUTT ROAD, SANKARPURAM, BASAVANAGUDI, BANGALORE-560004. 5. SURAJ S/O LATE M.S.RAMESH, AGED 25 YEARS, R/AT NO.224, 2ND BLOCK, 2MD MAIN, THAYAGARAJA NAGAR, BANGALORE-560028. ALSO AT C/O DR.GAVIAPPA NO.41, SRI RAMA VILAS, SHANKER MUTT ROAD, SANKARPURAM, BASAVANAGUDI, BANGALORE-560004. 6. M.S.SURESH S/O LATE M.K.SRINIVAS, AGED 51 YEARS, R/AT NO.3333/1, "SRI NIKETAN", ANEGUNDI ROAD, TILAK NAGAR, MYSORE-570001. 7. A SRINIVAS S/O ANNEGOWDA, HUSBAND OF LATE M.S.SUJATHA, AGED 60 YEARS, 8. A SRIVARDAN S/O A.SRINIVAS, AGED 27 YEARS, 9. A.HARSAVARDAN S/O A.SRINIVAS, AGED 25 YEARS, - 4 - HC-KAR NC: 2026:KHC:545-DB RFA No. 89 of 2014 R-7 TO R-9 ARE R/AT KALPASHREE FARM (THORANDA MANAS), NIDGATTA VILLAGE, MADDUR TALUK, MANDYA DISTRICT. 10. M.S.SURESH 11. M.S.VENKATESH 12. M.S.RAJESH R-10 TO R-12 ARE R/AT NO.3842/1, M-10,3842 M-11, SITUATED AT THILAK NAGAR, MANDI MOHALLA, MYSORE-570001. …RESPONDENTS (BY SRI. L M CHIDANANDAYYA ., ADVOCATE FOR R-6; SRI. SUNIL S.RAO, ADVOCATE FOR R11 & R12; R1, R7, R8, R9, R10 ARE SERVED AND UNREPRESENTED; R2-R4 ARE DISPENSED WITH VIDE ORDER DATED:22/11/2017; APPEAL ABATES IN R/O R5, VIDE ORDER DATED;2.8.2023) THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED:07.10.2013 PASSED ON 623/2010 ON THE FILE OF THJE IV-ADDL. SENIOR CIVIL JUDGE, MYSORE, DISMISSING THE SUIT FOR PARTITION AND SEPARATE POSSESSION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE S RACHAIAH - 5 - HC-KAR NC: 2026:KHC:545-DB RFA No. 89 of 2014 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) Learned counsel for the appellant submits that he has contacted the appellant several times, however, he has not received instructions. 2. Considering the fact that the learned counsel for the appellant does not want to prosecute this appeal, we dismiss the appeal for non-prosecution. Sd/- (D K SINGH) JUDGE Sd/- (S RACHAIAH) JUDGE RKA List No.: 1 Sl No.: 14