Dismissed¶75

Smt Kamala v. Sri K T Eshwara Sa

Karnataka HC3 Mar 2026RFA/1214/2012

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; RFA No. 1214 of 2012 (PAR); decided 03-03-2026 by Division Bench of Jayant Banerji and Rajesh Rai K, JJ.; appeal under S.96 CPC against dismissal of partition suit O.S.No.6352/2004 (XVIII Addl. City Civil Judge, Bangalore, decree dated 3.4.2012) seeking partition, separate possession, mesne profits and costs; appellants are widow and children of late K.C Shankar; appeal dismissed for non-prosecution due to absence of appellant's counsel (matter called out twice); respondent No.1 reported dead by his counsel; no merits adjudicated; no case law cited.

What did the court decide?

The Regular First Appeal is dismissed for non-prosecution, no one having appeared for the appellants despite the matter being called out twice. ¶75

Smt Kamala Vs Sri K T Eshwara Sa — Karnataka HC (2026) — LawSathi Research

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NC: 2026:KHC:12877-DB RFA No. 1214 of 2012

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 3^RD DAY OF MARCH, 2026

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PRESENT

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THE HON'BLE MR. JUSTICE JAYANT BANERJI

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AND

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THE HON'BLE MR. JUSTICE RAJESH RAI K

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REGULAR FIRST APPEAL NO. 1214 OF 2012 (PAR)

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BETWEEN:

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SMT KAMALA AGED ABOUT 67 YEARS,

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K.S SURESH AGED ABOUT 36 YEARS,

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K.S SREENIVAS AGED ABOUT 36 YEARS,

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Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA

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SMT. GEETHA W/O SRI G.R. RAVI AGED ABOUT 47 YEARS,

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SMT. SUDHA W/O SHARVAN KUMAR AGED ABOUT 45 YEARS,

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SMT. LINGU BAI W/O G.S. NARAYAN AGED ABOUT 41 YEARS,

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SMT. NAGARATHNA W/O RAMESH AGED ABOUT 41 YEARS,

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2 - NC: 2026:KHC:12877-DB RFA No. 1214 of 2012

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HC-KAR

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SMT. RAJESHWARI W/O VINAYAKA AGED ABOUT 37 YEARS,

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APPELLANT NO.1 IS THE WIDOW, APPELLANT NO.2 TO 8 ARE CHILDREN OF LATE K.C SHANKAR SA, NO.7/2, MARISWAMY MUTT LANE, COTTONPET FIRST CROSS, BANGALORE- 560 053.

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…APPELLANTS

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(BY SRI. N. MADESH, ADVOCATE - ABSENT)

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AND:

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SRI. K.T ESHWARA SA, S/O LATE TANASA, AGED ABOUT 77 YEARS, NO. 4, 1^ST MAIN ROAD, P.N LANE COTTONPET CROSS, BANGALORE-560 053

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SRI. K.T SRINIVAS S/O LATE TANA SA, AGED ABOUT 72 YEARS, NO. 4, 10^TH MAIN, MARIYAPPANAPALYA, BANGALORE - 560 023

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SRI. K.C ANANTH S/O LATE DODDA CHINNU SA AGED ABOUT 57 YEARS,

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SRI K.C. GAJENDRA S/O LATE DODDA CHINNU SA, AGED ABOUT 55 YEARS,

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SRI. K.C. SRINIVAS, S/O LATE DODDA CHINNU SA, AGED ABOUT 53 YEARS,

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3 - NC: 2026:KHC:12877-DB RFA No. 1214 of 2012

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HC-KAR

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SRI. K.R HARI S/O LATE RAMU SA, AGED ABOUT 55 YEARS,

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SRI. K.R RAGHU, S/O LATE RAMU SA, AGED ABOUT 53 YEARS,

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SRI. K.C AMBARAM, S/O LATE CHIKKA CHINNU SA, AGED ABOUT 62 YEARS, NO. 205, OLD THARAGUPET, BANGALORE - 560 053

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SMT. MUNNU BAI, W/O LATE TULASIRAM SA AGED ABOUT 82 YEARS,

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SRI. K.T PRAKASH S/O LATE TULASIRAM SA AGED ABOUT 57 YEARS,

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SRI. K.T GOPALAKRISHNA S/O LATE TULASIRAM SA, AGED ABOUT 52 YEARS,

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SRI. K.T GOVERDHAN S/O LATE TULASIRAM SA, AGED ABOUT 55 YEARS,

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SRI. K.T SUDHARSAN S/O LATE TULASIRAM SA AGED ABOUT 50 YEARS,

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SMT. K.V NAGARATHNA W/O LATE K.T. VENKATAGIRI AGED ABOUT 61 YEARS,

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SMT. SUNITHA D/O LATE K T VENKATAGIRI AGED ABOUT 42 YEARS

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4 - NC: 2026:KHC:12877-DB RFA No. 1214 of 2012

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HC-KAR

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SMT. REKHA D/O LATE K.T VENKATAGIRI, AGED ABOUT 37 YEARS,

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SRI. K.V NAGESH S/O LATE K T VENKATAGIRI, AGED ABOUT 32 YEARS,

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RESPONDENTS 9 TO 17 ARE RESIDING AT NO.10, NEW HIGH SCHOOL ROAD, V.V PURAM, BANGALORE - 560004

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SRI. K.V NAGARAJ S/O LATE VITTAL SA, AGED ABOUT 62 YEARS,

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SRI. K.V GIDURAJ S/O LATE VITTAL SA, AGED ABOUT 57 YEARS,

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RESPONDENTS NO..18 & 19 ARE RESIDING AT NO.18, III CROSS, WEST LINK ROAD, MALLESWARAM, BANGALORE - 560 003

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SRI. K.G SATHUANARAYANA S/O LATE K G DHKTAPPA, AGED ABOUT 62 YEARS,

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SRI K.G MURALI S/O LATE K G DHKTAPPA AGED ABOUT 59 YEARS,

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SRI. K.G ASWATH S/O LATE K.G DHKTAPPA, AGED ABOUT 26 YEARS,

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SRI. K.G SURESH S/O LATE K.G DHKTAPPA, AGED ABOUT 54 YEARS,

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5 - NC: 2026:KHC:12877-DB RFA No. 1214 of 2012

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HC-KAR

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RESPONDENTS NO.20 TO 23 ARE RESIDING AT NO. 35, VANI VILAS ROAD, BANGALORE - 560 002

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M/S BHASKAR & BHASKAR ESTATES, NO. 37, 4^TH CROSS, AGA ABBAS ALI ROAD, ULSOOR, BANGALORE - 560 042. REPRESENTED BY ITS MANAGING DIRECTOR, SMT. ANUPAMA B RAJU

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SMT. LEELAVATHI W/O LATE RAMA SA, AGED ABOUT 72 YEARS, RESIDING AT NO. 24/42, I^ST FLOOR, 6^TH CROSS, NEHRU ROAD, NEW GUDDADAHALLI, BANGALORE - 560 026

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SMT. PRABHAVATHI W/O CHINNU SA, AGED ABOUT 69 YEARS, RESIDING AT NO. 3/1, 2^ND CROSS, 2^ND MIAN, NEAR PREMIER PUBLICITY, VIJAYANAGARA, BANGALORE - 560 040.

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…RESPONDENTS

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(BY SRI. Y.K NARAYANA SHARMA, ADVOCATE FOR R1, SRI. H.S. SOMNATH, ADVOCATE FOR R2 - ABSENT, R7, R9, R10, R11, R12, R13, R14, R15, R16, R17, R24 SERVED UNREPRESENTED V/O DT. 22/10/2024, APPEAL STANDS DISMISSED IN R/O R3 TO R6, R18, TO R23, R25 & R26)

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THIS RFA IS FILED U/S 96 OF CPC, AGAINST THE JUDGEMENT AND DECREE DATED 3.4.2012 PASSED IN O.S.NO.6352/2004 ON THE FILE OF XVIII ADDITIONAL CITY CIVIL JUDGE, BANGALORE, DISMISSING THE SUIT FILED FOR PARTITION, SEPARATE POSSESSION, MESNE PROFITS AND COSTS ETC.

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