- 1 - HC-KAR NC: 2026:KHC:2121 RSA No. 878 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI REGULAR SECOND APPEAL NO. 878 OF 2024 (PAR) BETWEEN: SUNDARI SHEDTHI (SINCE DEAD BY HER LRS) 1. SRI RAVINDRA SHETTY AGED ABOUT 68 YEARS, S/O SUNDARI SHEDTHI, 2. SRI SURENDRA SHETTY, AGED ABOUT 58 YEARS, S/O SUNDARI SHEDTHI, 3. SRI UDAYA AGED ABOUT 48 YEARS, S/O. SUNDARI SHEDTHI, ALL ARE RESIDING AT ANGADIMANE, SANOOR VILLAGE, KARKALA TALUK UDUPI DISTRICT - 574 114. &APPELLANTS (BY SRI VIJAYA KRISHNA BHAT M., ADVOCATE - ABSENT) AND: 1. SMT. KAVITHA AGED ABOUT 44 YEARS, D/O LATE SHIVANNA SHETTY, W/O ASHOK SHETTY, 2. SMT. SAVITHA RAKESH SHETTY, AGED ABOUT 43 YEARS, D/O LATE SHIVANNA SHETTY, Digitally signed by ANUSHA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:2121 RSA No. 878 of 2024 3. SMT. SUNITHA, AGED ABOUT 33 YEARS, D/O LATE SHIVANNA SHETTY, RESPTS.NO.1 TO 3 ARE R/O NALANDA, R. NO.604, SIDDESHWARA GARDEN, DHOKALI, KULSHET ROAD, THANE - 400 607, MUMBAI. 4. 5. RAMA SHETTY SINCE DEAD BY HIS LRS SMT. LEELA SHETTY AGED ABOUT 74 YEARS, W/O LATE RAMANNA SHETTY, SMT. VIDYA SHETTY AGED ABOUT 47 YEARS, D/O. LATE RAMANNA SHETTY, 6. SMT. MALLIKA R. SHETTY AGED ABOUT 46 YEARS, D/O. LATE RAMANNA SHETTY, 7. SMT. AMBIKA SHETTY AGED ABOUT 44 YEARS, D/O. LATE RAMANNA SHETTY, 8. SMT. ASHWINI SHETTY, AGED ABOUT 43 YEARS, D/O. LATE RAMANNA SHETTY, RESPTS.NO.4 TO 8 ARE R/A KANDEBETTU HOUSE, ASHWATHAPURA, MANGALORE TALUK, D.K.DISTRICT-574227 9. SRI. MAINDA SHETTY, (SINCE DECEASED) SMT. SAROJINI SHETTY, AGED ABOUT 50 YEARS, D/O LATE MAINDA SHETTY, - 3 - HC-KAR NC: 2026:KHC:2121 RSA No. 878 of 2024 10. SMT. GEETHA SHETTY, AGED ABOUT 48 YEARS, D/O LATE MAINDA SHETTY, RESPTS.NO. 9 AND 10 ARE R/A SACHERIPETE, MUNDKOOR VILLAGE, KARKALA TALUK UDUPI DISTRICT - 576 121. 11. SRI. BHOJA SHETTY, AGED ABOUT 80 YEARS, S/O. YECHU @ ACHU SHEDTHI, ROOM NO.101, C-WING, CHRISTIAN GAU ROAD, KURLA (EAST), MUMBAI 400070. SMT. GULABI (SINCE DECEASED) LEGAL HEIRS ARE ALREADY ON RECORD RESPONDENTS NO.9 AND 10. 12. SMT. VANAJA, AGED ABOUT 80 YEARS, W/O LATE. NAGANNA SHETTY, R/AT 5 CENTS COLONY, NEAR MIYAR KAMBALA, NELLIGUDDE VILLAGE, KARKALA TALUK-574 107. 13. SRI. SHEKHARA, AGED ABOUT 60 YEARS, S/O LATE. NAGANNA SHETTY, R/AT. GANGA 'B', ROOM NO.305, REHAJA COMPLEX, DADLANI, BALKUM, THANE, MAHARASTRA - 400 608. 14. SMT. SHASHIKALA AGED ABOUT 57 YEARS, D/O LATE. NAGANNA SHETTY, R/AT 5 CENTS COLONY, NEAR MIYAR KAMBALA, NELLIGUDDE VILLAGE, KARKALA TALUK - 574 107. - 4 - HC-KAR NC: 2026:KHC:2121 RSA No. 878 of 2024 15. SRI. SHASHINDRA, AGED ABOUT 48 YEARS, S/O LATE. NAGANNA SHETTY, R/AT. GANGA 'B', ROOM NO.305, REHARAJ COMPLEX, DADLANI, BALKUM, THANE, MAHARASTRA - 400 608. 16. SMT. PRAFULLA, AGED ABOUT 45 YEARS, D/O LATE. NAGANNA SHETTY, R/AT. GANGA 'B', ROOM NO.305, REHARAJ COMPLEX, DADLANI, BALKUM, THANE, MAHARASTRA-400608. 17. SRI. MICHEAL D'SOUZA, AGED ABOUT 46 YEARS, S/O. BENADICTA D'SOUZA, R/O. MADAROTTU, GOD GREAS HOUSE, NEAR BHAVA, SANOOR VILLAGE, KARKALA TALUK, MANGALORE-575105, NOW UDUPI DISTRICT &RESPONDENTS THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 23.01.2024 PASSED IN RA NO.21/2016 ON THE FILE OF SENIOR CIVIL JUDGE AND ACJM, KARKALA, PARTLY ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 05.02.2016 PASSED IN OS NO.31/2009 ON THE FILE OF II ADDITIONAL CIVIL JUDGE AND JMFC, KARKALA.TRIAL COURT PARTLY DECREED THE SUIT. APPELLATE COURT PARTLY ALLOWED THE APPEAL. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI - 5 - HC-KAR NC: 2026:KHC:2121 RSA No. 878 of 2024 ORAL ORDER This matter is listed for orders on non-compliance of office objections for 4th time. Despite sufficient opportunity having been granted for compliance earlier, appellants were directed to comply with office objections till closure of Court hours. However, there is no representation and office objections remained un-complied. This would indicate that appellants are not diligently pursuing appeal. Appeal is dismissed for non-prosecution. Sd/- (RAVI V HOSMANI) JUDGE Psg* List No.: 2 Sl No.: 57