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HC-KAR NC: 2026:KHC:18178-DB RFA No. 1476 of 2007
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MR. JUSTICE RAJESH RAI K REGULAR FIRST APPEAL NO. 1476 OF 2007 (PAR) BETWEEN:
1. SHYAMA SHETTY SINCE DECEASED BY LR9S
1(a) SMT.VASANTHI S. SHETTY, W/O LATE SHYAMA SHETTY, AGED ABOUT 75 YEARS,
1(b) SMT.AMBIKA SHETTY, D/O LATE SHYAMA SHETTY, AGED ABOUT 46 YEARS,
1(c) SMT.SARIKA SHETTY, D/O LATE SHYAMA SHETTY, AGED ABOUT 42 YEARS,
1(d) SRI.JITHENDRA SHETTY, S/O LATE SHYAMA SHETTY, AGED ABOUT 39 YEARS,
ALL ARE R/AT:
KORIYAR GUTHU HOUSE, DELANTHABETTU VILLAGE AND POST, MANGALORE TALUK, D.K.
2. SHRIDHAR B. NAIK, AGED ABOUT 63 YEARS,
Digitally signed by KAVYA G Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:18178-DB RFA No. 1476 of 2007
SON OF PADDU SHEDTHI, R/AT NO.201, SUBHASHANTHA COMPLEX, BEHIND BODY SHOPPING CENTER, DHANKAARWADI KANDIVLI (WEST) BOMBAY-400 067. 3. KESHAVA NAIK, SON OF PADDU SHEDTHI AGED ABOUT 60 YEARS, R/AT NO.502, SKY LINE CITY TOWER BLOCK, CHANDRA LAYOUT, VIJAYANAGAR, BANGALORE-72. 4. NARAYANA NAIK, SON OF PADDU SHEDTHI, AGED ABOUT 57 YEARS, SENIOR BRANCH MANAGER, VIJAYA BANK, SANJAYNAGAR, BANGALORE. &APPELLANTS [BY SRI.K.PRASAD HEGDE, ADVOCATE (ABSENT)] AND:
1. SMT.SHARADA R. MARLA, SINCE DEAD BY LRs. 2. PRATAP R SHETTY, AGED 54 YEARS, S/O SHARADA R.MARLA,
3. PRADEEP R MARLA, AGED 48 YEARS, S/O SHARADA R. MARLA,
R2 & R3 ARE R/AT:
KUTILA HOUSE,
KIRIUYALA VILLAGE AND POST, BANTWAL TALUK, D.K-574 211. - 3 -
HC-KAR NC: 2026:KHC:18178-DB RFA No. 1476 of 2007
4. SANJEEVA SHETTY, AGED ABOUT 67 YEARS, S/O DODDU SHEDTHI, R/A KELAGINAMANE HOUSE, DELANTHABETTU VILLAGE AND POST, MANGALORE TALUK, D.K-575 001. 5. SMT.BABY N. SHETTY, D/O DODDU SHEDTHI, AGED ABOUT 64 YEARS,
6. MALLIKA C. SHETTY, AGED ABOUT 18 YEARS
7. SHASHANK, AGED ABOUT 18 YEARS,
8. SHASWAAATH, AGED ABOUT 15 YEARS,
RESPONDENT NO.8 MINOR, REP. BY NEXT FRIEND MOTHER 6TH RESPONDENT
9. ASHOK N. SHETTY, SON OF BABY N. SHETTY, AGED ABOUT 37 YEARS,
10. KISHORE N. SHETTY, SON OF BABY N SHETTY, AGED ABOUT 35 YEARS
11. RASIKA N.SHETTY, SON OF BABY N. SHETTY, AGED ABOUT 32 YEARS,
12. DEVIKA AGED ABOUT 30 YEARS
R5 TO R12 ARE R/AT:
NANDADEEP, PRATHAPNAGAR P.O.KADESHWALYA, BUNTWAL TALUK-574 211. - 4 -
HC-KAR NC: 2026:KHC:18178-DB RFA No. 1476 of 2007
13.
HARINA N SHETTY SINCE DECEASED R14 IS THE LR
14. SUDARSHAN N. SHETTY, AGED ABOUT 30 YEARS, R/AT "SUNDARI BAG", VIA MASTHIKATTE P.O. ULLAL, MANGALORE TALUK D.K.
15. SHARVANI K. SHETTY, AGED ABOUT 54 YEARS, D/O PADDU SHEDTHI
16. SHAILESH, AGED ABOUT 32 YEARS, S/O SHARVANI K SHETTY
17. MAHESH,
18. NEERAJ
R17 & R18 ARE CHILDREN OF 15TH RESPONDENT. R15 AND R18 ARE R/AT:
NO.10, SWATHI APARTMENTS, 8TH MAIN, M.C.LAYOUT, VIJAYANAGAR, BANGALORE-560 040. 19. SAMPA SHETHI SINCE DECEASED BY LR(s),
20. JAYASHEELA SHETTY, AGED ABOUT 63 YEARS, S/O SAMPA SHETHI R/AT 105, B-WING DEVAN SADAN, NEAR KULUR HOSPITAL, VASAI ROAD, (WEST) THANE-401 202. - 5 -
HC-KAR NC: 2026:KHC:18178-DB RFA No. 1476 of 2007
21. RAMANANDA SHETTY, AGED ABOUT 61 YEARS, S/O SAMPA SHETHI R/AT G-2, MOTHI MAHAL DIVAN MANSION, NAVAYUGNAGAR, VASAI (WEST) THANE-401 202. 22. ASHALATHA RAI, AGED ABOUT 57 YEARS, D/O SAMPA SHEDTHI
23. AKHILA, AGED ABOUT 32 YEARS, D/O ASHALATHA RAI,
24. SURAJ, AGED ABOUT 29 YEARS,
R22 TO R24 ARE R/AT:
NEAR (MIG) HOUSE HOUSING , BUILDING NO.41, III FLOOR, PLOT NO.919, G.I.D.C. VAPI, GUJARATH-396 195. 25. PRAKASH SHETTY, SINCE DEAD BY LRS,
26. SHAKUNTHALA R.SHETTY, AGED ABOUT 50 YEARS, D/O SAMPA SHEDTHI
27. RESHMA, AGED ABOUT 27 YEARS,
28. SACHIN, AGED ABOUT 24 YEARS,
R26 TO R28 ARE R/AT:
A-201, MATHRI TOWER,
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HC-KAR NC: 2026:KHC:18178-DB RFA No. 1476 of 2007
OPPOSITE VITTALL TEMPLE, L.T.ROAD, DAHISER(WEST) BOMBAY-400 068. 29. SHANKER SHETTY, SINCE DEAD BY LRS,
29(a). SUBHASHINI C. SHETTY, D/O SHANKAR SHETTY, AGED ABOUT 45 YEARS, R/AT: CHOWTAS COMPOUND, BIJAI CHURCH ROAD, MANGALORE
29(b). LAKSHMI P. SHETTY, AGED ABOUT 40 YEARS, D/O SHANKAR SHETTY, R/AT: VIJAYAN VIHINI, BIJAI CHURCH ROAD, MANGALORE-4. 30. KRISHNI SHEDTHI SINCE DEAD BY LRS
31. SADASHIVA SHETTY SINCE DEAD BY LRS 31(a) SUJATH S. SHETTY, W/O. SADASHIVA SHEETY, AGED ABOUT 45 YEARS, R/AT BAIRAGUTHU, PADU VILLAGE, KAUP POST, UDUPI DISTRICT. 32.
SHOBHA SHETTY, D/O. KRISHNI SHEDTHI AGED ABOUT 46 YEARS
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33. APRAMEYA, AGED ABOUT 17 YEARS MINOR BY GUARDIAN AD LITEM MOTHER 3RESPONDENT NO.32. 34. ASHA SHETTY D/O. KRISHNI SHEDTHI AGED ABOUT 37 YEARS
35. PREMANANDA SHETTY, S/O. KRISHNI SHEDTHI, AGED ABOUT 34 YEARS,
R30 TO R35 ARE R/AT:
ANANDA MAJALU HOUSE, KUTHETHOOR VILLAGE, P.O, BAJAVU, VIA KATIPALLA, MANGALORE TALUK D.K-574 149. 36. SATISH SHETTY, S/O. KRISHNI SHEDTHI, AGED ABOUT 40 YEARS,
37. NITHYANANDA SHETTY, S/O. KRISHNI SHEDTHI, AGED ABOUT 40 YEARS,
R36 AND R37 ARE R/AT:
J.N.C. 47-A, III FLOOR, SECTOR 9, VASHI, NEW BOMBAY-400 703. 38. SUJATHA SHETTY, D/O. KRISHNI SHEDTHI AGED ABOUT 48 YEARS
39. SHAILESH, AGED ABOUT 22 YEARS,
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40. NITHISH, AGED ABOUT 20 YEARS,
R38 TO R40 ARE R/AT:
C/O. JAYA G SHETTY, FLAT NO.104, 1ST FLOOR, NIRUPAMA CO-OPERATIVE HOUSING SOCIETY PLOT NO.58, ANANDA NAGAR (VASAI WEST) THANE-401 202. 41. PRAFULLA SHETTY, D/O. KRISHNI SHEDTHI AGED ABOUT 44 YEARS
42. SHRUTHI, AGED ABOUT 17 YEARS,
43. SHASHWATH AGED ABOUT 17 YEARS
R42 AND R43 ARE MINORS BY GUARDIAN AD LITEM MOTHER 41ST RESPONDENT. R41 TO R43 ARE R/AT:
<KASHMIR JYOTHI=, FLAT NO.C/8, 1ST FLOOR, NEAR GOVT. HOSPITAL, MOHAMMADALI STREET, TIMBLA, BHAYINDER-401 101. 44. GEETHA H. SHETTY, AGED ABOUT 42 YEARS, D/O KRISHI SHEDTHI, R/AT: C/O J.N.SRIVASTAVA,
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HC-KAR NC: 2026:KHC:18178-DB RFA No. 1476 of 2007
PRABHAWATHI NIVAS, 95/179-B , ALOPI BAGH, ALLAHABAD-211 006. 45. DEVAKI SHETTY SINCE DEAD BY LRS,
46. KRISHNA S. SHETTY, AGED ABOUT 74 YEARS, S/O SANTHU SHETTY,
47. SUNANDA SHETTY, AGED ABOUT 70 YEARS, D/O SANTHU SHETTY,
48. RAGHAVA SHETTY, AGED ABOUT 67 YEARS, S/O SANTHU SHETTY,
49. JAYANTHI SHETTY, AGED ABOUT 64 YEARS, D/O SANTHU SHETTY,
50. CHANDRAHASA SHETTY, AGED ABOUT 60 YEARS, S/O SANTHU SHETTY. 51.
JAYASHREE, AGED ABOUT 56 YEARS, D/O SANTHU SHETTY
R46 TO R51 ARE R/AT:
GULIGADDE HOUSE, KULAVOOR VILLAGE, P.O.KUPPEPADAV, BANTWAL TALUK, D.K-574 211. - 10 -
HC-KAR NC: 2026:KHC:18178-DB RFA No. 1476 of 2007
52. VIMALA, D/O. MUDDANNA SHETTY AGED ABOUT 67 YEARS,
53. RAMESH SHETTY, S/O. MUDDANNA SHETTY AGED ABOUT 64 YEARS,
54. PURUSHOTHAMA SHETTY, AGED ABOUT 60 YEARS, SON OF MUDDANNA SHETTY,
55. SUVARNI, AGED ABOUT 56 YEARS, D/O MUDDANNA SHETTY,
56. BALAKRISHNA SHETTY, AGED ABOUT 53 YEARS, S/O MUDDANNA SHETTY,
57. HARISH SHETTY, AGED ABOUT 49 YEARS, S/O MUDDANNA SHETTY,
58. GANESH SHETTY, AGED ABOUT 45 YEARS, S/O MUDDANNA SHETTY,
R52 TO R58 ARE R/AT:
KORIYAR HOSAMANE, DELANTHABETTU VILLAGE AND POST, VIA KATIPALLA, MANGALORE TALUK DK-575 001. 59. SAROJINI SHETTY SINCE DEAD BY LRS,
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60. VISHALA, AGED ABOUT 55 YEARS, D/O SUNDARA SHETTY
61. VASANTHA SHETTY, AGED ABOUT 52 YEARS, D/O SUNDARA SHETTY,
62. YUGAVANTHI, AGED ABOUT 49 YEARS, D/O SUNDARA SHETTY,
63. SUDHAKAR SHETTY, AGED ABOUT 45 YEARS, S/O SUNDARA SHETTY
64. PRAVEENA, AGED ABOUT 42 YEARS, D/O SUNDARA SHETTY
65. NAVEENA AGED ABOUT 42 YEARS, D/O SUNDARA SHETTY
R59 TO R65 ARE R/AT DONINGE GUTHU HOUSE, P.O.GURPUR, MANGALORE TALUK, D.K-575 001. 66. THIMMAPPA SHETTY SINCE DEAD BY LRS
67. SHAMBHU SHETTY SINCE DEAD BY LRS
68. SUMATHI SHETTY, AGED ABOUT 58 YEARS, D/O DODDU SHEDTHI,
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HC-KAR NC: 2026:KHC:18178-DB RFA No. 1476 of 2007
69. NAMRATHA, AGED ABOUT 30 YEARS, D/O SUMATHI SHETTY,
R68 & R69 ARE R/AT:
<SRI SAI SADAN=, 3 STAR CHAWL MALWANI COLONY, MALAD (WEST), BOMBAY-400 098. &RESPONDENTS [BY SRI. M.GANGADHARA SHETTY., ADV. FOR R2 TO R12, R14, R68 AND R69 (ABSENT);
SRI. PRAKASHA HEGDE K., ADV. FOR R20 TO R22, R24 AND R26 (ABSENT);
SRI A.SHASHIKANTH PRASAD., ADV. FOR R29 (A & B)(ABSENT); SRI. JEEVAN K., ADV. FOR R34, 36 TO R39, R41 TO R43 (ABSENT);
SRI. ROHIT URS.D., ADV.
FOR R46 TO R49, R52, R53, R55, R56, AND R60 TO R65 (ABSENT);
R15, R16, R17, R23, R28 R31(A), R32, R33 (R33 MINOR REP. BY 32), R40, R44, R50, R51, R54, R57, R58 ARE SERVED, UNREPRESENTED;
AS PER ORDER DATED 24.06.2014 R1, R19, R25, R30, R45, R59, R66, R67 ARE DEAD & LR9S ARE ALREADY ON RECORD, R19, R30, R45, R59 ARE LR9S OF R25, R66 AND R67;
AS PER ORDER DATED 24.08.2015, NOTICE TO R27 IS HELD SUFFICIENT;
AS PER ORDER DATED 22.2.2016 NOTICE TO R18 IS HELD SUFFICIENT;
AS PER ORDER DATED 22.10.2024, R14 IS TREATED AS LR OF DECEASED R13;
AS PER ORDER DATED 22.10.2024, APPEAL AGAINST R35 IS ABATED]
THIS RFA FILED U/S.96 OF CPC AGAINST THE JUDGMENT AND DECREE DT.10.01.2007 PASSED IN O.S.NO.233/1995 ON THE FILE OF THE PRL. CIVIL JUDGE (SR.DN) AND CJM, MANGALORE, DECREEING THE SUIT FOR PARTITION. - 13 -
HC-KAR NC: 2026:KHC:18178-DB RFA No. 1476 of 2007
THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE JAYANT BANERJI AND HON'BLE MR. JUSTICE RAJESH RAI K
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE JAYANT BANERJI)
Despite the case being called-out twice, no one appears for the appellant. The appeal is dismissed for non-prosecution.
Sd/- (JAYANT BANERJI) JUDGE
Sd/- (RAJESH RAI K) JUDGE
KGR List No.: 1 Sl No.: 34