Dismissed¶156

Shyama Shetty v. Smt Sharada R Marla

Karnataka HC2 Apr 2026RFA/1476/2007

Case brief

AI extract

What is this about?

RFA No. 1476 of 2007 (Par); High Court of Karnataka, Division Bench of Jayant Banerji and Rajesh Rai K; NC: 2026:KHC:18178-DB; appeal under Section 96 CPC against partition decree dated 10.01.2007 in O.S.No.233/1995 (Prl. Civil Judge (Sr.Dn.) and CJM, Mangalore); appellants: LRs of Shyama Shetty, Shridhar B. Naik, Keshava Naik, Narayana Naik; respondents: LRs of Sharada R. Marla (R1-R3) and numerous other sharers up to R69; appeal dismissed for non-prosecution on 02.04.2026; no merits argued, no case law cited.

What did the court decide?

Despite the case being called out twice, no one appeared for the appellant; accordingly, the appeal was dismissed for non-prosecution. No issue on the merits of the partition claim was framed or decided. ¶156

Shyama Shetty Vs Smt Sharada R Marla — Karnataka HC (2026) — LawSathi Research

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NC: 2026:KHC:18178-DB RFA No. 1476 of 2007

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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 2^ND DAY OF APRIL, 2026

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PRESENT

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THE HON'BLE MR. JUSTICE JAYANT BANERJI AND

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THE HON'BLE MR. JUSTICE RAJESH RAI K REGULAR FIRST APPEAL NO. 1476 OF 2007 (PAR)

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BETWEEN:

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SHYAMA SHETTY SINCE DECEASED BY LR9S

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1(a) SMT.VASANTHI S. SHETTY, W/O LATE SHYAMA SHETTY, AGED ABOUT 75 YEARS,

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1(b) SMT.AMBIKA SHETTY, D/O LATE SHYAMA SHETTY, AGED ABOUT 46 YEARS,

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Digitally signed by KAVYA G Location: High Court of Karnataka

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1(c) SMT.SARIKA SHETTY, D/O LATE SHYAMA SHETTY, AGED ABOUT 42 YEARS,

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1(d) SRI.JITHENDRA SHETTY, S/O LATE SHYAMA SHETTY, AGED ABOUT 39 YEARS,

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ALL ARE R/AT: KORIYAR GUTHU HOUSE, DELANTHABETTU VILLAGE AND POST, MANGALORE TALUK, D.K.

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SHRIDHAR B. NAIK, AGED ABOUT 63 YEARS,

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2 - NC: 2026:KHC:18178-DB RFA No. 1476 of 2007

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HC-KAR

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SON OF PADDU SHEDTHI, R/AT NO.201, SUBHASHANTHA COMPLEX, BEHIND BODY SHOPPING CENTER, DHANKAARWADI KANDIVLI (WEST) BOMBAY-400 067.

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KESHAVA NAIK, SON OF PADDU SHEDTHI AGED ABOUT 60 YEARS, R/AT NO.502, SKY LINE CITY TOWER BLOCK, CHANDRA LAYOUT, VIJAYANAGAR, BANGALORE-72.

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NARAYANA NAIK, SON OF PADDU SHEDTHI, AGED ABOUT 57 YEARS, SENIOR BRANCH MANAGER, VIJAYA BANK, SANJAYNAGAR, BANGALORE.

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&APPELLANTS

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[BY SRI.K.PRASAD HEGDE, ADVOCATE (ABSENT)]

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AND:

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SMT.SHARADA R. MARLA, SINCE DEAD BY LRs.

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PRATAP R SHETTY, AGED 54 YEARS, S/O SHARADA R.MARLA,

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PRADEEP R MARLA, AGED 48 YEARS, S/O SHARADA R. MARLA,

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R2 & R3 ARE R/AT: KUTILA HOUSE, KIRIUYALA VILLAGE AND POST, BANTWAL TALUK, D.K-574 211.

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3 - NC: 2026:KHC:18178-DB RFA No. 1476 of 2007

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HC-KAR

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SANJEEVA SHETTY, AGED ABOUT 67 YEARS, S/O DODDU SHEDTHI, R/A KELAGINAMANE HOUSE, DELANTHABETTU VILLAGE AND POST, MANGALORE TALUK, D.K-575 001.

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SMT.BABY N. SHETTY, D/O DODDU SHEDTHI, AGED ABOUT 64 YEARS,

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MALLIKA C. SHETTY, AGED ABOUT 18 YEARS

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SHASHANK, AGED ABOUT 18 YEARS,

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SHASWAAATH, AGED ABOUT 15 YEARS,

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RESPONDENT NO.8 MINOR, REP. BY NEXT FRIEND MOTHER 6^TH RESPONDENT

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ASHOK N. SHETTY, SON OF BABY N. SHETTY, AGED ABOUT 37 YEARS,

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KISHORE N. SHETTY, SON OF BABY N SHETTY, AGED ABOUT 35 YEARS

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RASIKA N.SHETTY, SON OF BABY N. SHETTY, AGED ABOUT 32 YEARS,

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DEVIKA AGED ABOUT 30 YEARS

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R5 TO R12 ARE R/AT: NANDADEEP, PRATHAPNAGAR P.O.KADESHWALYA, BUNTWAL TALUK-574 211.

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4 - NC: 2026:KHC:18178-DB RFA No. 1476 of 2007

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HC-KAR

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HARINA N SHETTY SINCE DECEASED R14 IS THE LR

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SUDARSHAN N. SHETTY, AGED ABOUT 30 YEARS, R/AT "SUNDARI BAG", VIA MASTHIKATTE P.O. ULLAL, MANGALORE TALUK D.K.

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SHARVANI K. SHETTY, AGED ABOUT 54 YEARS, D/O PADDU SHEDTHI

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SHAILESH, AGED ABOUT 32 YEARS, S/O SHARVANI K SHETTY

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MAHESH,

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NEERAJ

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R17 & R18 ARE CHILDREN OF 15^TH RESPONDENT.

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R15 AND R18 ARE R/AT: NO.10, SWATHI APARTMENTS, 8TH MAIN, M.C.LAYOUT, VIJAYANAGAR, BANGALORE-560 040.

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SAMPA SHETHI SINCE DECEASED BY LR(s),

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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.

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5 - NC: 2026:KHC:18178-DB RFA No. 1476 of 2007

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HC-KAR

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RAMANANDA SHETTY, AGED ABOUT 61 YEARS, S/O SAMPA SHETHI R/AT G-2, MOTHI MAHAL DIVAN MANSION, NAVAYUGNAGAR, VASAI (WEST) THANE-401 202.

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ASHALATHA RAI, AGED ABOUT 57 YEARS, D/O SAMPA SHEDTHI

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AKHILA, AGED ABOUT 32 YEARS, D/O ASHALATHA RAI,

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SURAJ, AGED ABOUT 29 YEARS,

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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.

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PRAKASH SHETTY, SINCE DEAD BY LRS,

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SHAKUNTHALA R.SHETTY, AGED ABOUT 50 YEARS, D/O SAMPA SHEDTHI

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RESHMA, AGED ABOUT 27 YEARS,

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SACHIN, AGED ABOUT 24 YEARS,

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R26 TO R28 ARE R/AT: A-201, MATHRI TOWER,

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6 - NC: 2026:KHC:18178-DB RFA No. 1476 of 2007

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HC-KAR

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OPPOSITE VITTALL TEMPLE, L.T.ROAD, DAHISER(WEST) BOMBAY-400 068.

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SHANKER SHETTY, SINCE DEAD BY LRS,

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29(a). SUBHASHINI C. SHETTY, D/O SHANKAR SHETTY, AGED ABOUT 45 YEARS, R/AT: CHOWTAS COMPOUND, BIJAI CHURCH ROAD, MANGALORE

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29(b). LAKSHMI P. SHETTY, AGED ABOUT 40 YEARS, D/O SHANKAR SHETTY, R/AT: VIJAYAN VIHINI, BIJAI CHURCH ROAD, MANGALORE-4.

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KRISHNI SHEDTHI SINCE DEAD BY LRS

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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.

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SHOBHA SHETTY, D/O. KRISHNI SHEDTHI AGED ABOUT 46 YEARS

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7 - NC: 2026:KHC:18178-DB RFA No. 1476 of 2007

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HC-KAR

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APRAMEYA,

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AGED ABOUT 17 YEARS MINOR BY GUARDIAN AD LITEM MOTHER 3RESPONDENT NO.32.

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ASHA SHETTY D/O. KRISHNI SHEDTHI AGED ABOUT 37 YEARS

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PREMANANDA SHETTY, S/O. KRISHNI SHEDTHI, AGED ABOUT 34 YEARS,

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R30 TO R35 ARE R/AT: ANANDA MAJALU HOUSE, KUTHETHOOR VILLAGE, P.O, BAJAVU, VIA KATIPALLA, MANGALORE TALUK D.K-574 149.

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SATISH SHETTY, S/O. KRISHNI SHEDTHI, AGED ABOUT 40 YEARS,

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NITHYANANDA SHETTY, S/O. KRISHNI SHEDTHI, AGED ABOUT 40 YEARS,

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R36 AND R37 ARE R/AT: J.N.C. 47-A, III FLOOR, SECTOR 9, VASHI, NEW BOMBAY-400 703.

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SUJATHA SHETTY, D/O. KRISHNI SHEDTHI AGED ABOUT 48 YEARS

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SHAILESH, AGED ABOUT 22 YEARS,

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8 - NC: 2026:KHC:18178-DB RFA No. 1476 of 2007

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HC-KAR

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NITHISH, AGED ABOUT 20 YEARS,

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R38 TO R40 ARE R/AT: C/O. JAYA G SHETTY, FLAT NO.104, 1^ST FLOOR, NIRUPAMA CO-OPERATIVE HOUSING SOCIETY PLOT NO.58, ANANDA NAGAR (VASAI WEST) THANE-401 202.

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PRAFULLA SHETTY, D/O. KRISHNI SHEDTHI AGED ABOUT 44 YEARS

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SHRUTHI, AGED ABOUT 17 YEARS,

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SHASHWATH AGED ABOUT 17 YEARS

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R42 AND R43 ARE MINORS BY GUARDIAN AD LITEM MOTHER 41^ST RESPONDENT.

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R41 TO R43 ARE R/AT: <KASHMIR JYOTHI=, FLAT NO.C/8, 1^ST FLOOR, NEAR GOVT. HOSPITAL, MOHAMMADALI STREET, TIMBLA, BHAYINDER-401 101.

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GEETHA H. SHETTY, AGED ABOUT 42 YEARS, D/O KRISHI SHEDTHI, R/AT: C/O J.N.SRIVASTAVA,

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NC: 2026:KHC:18178-DB RFA No. 1476 of 2007

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HC-KAR

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PRABHAWATHI NIVAS, 95/179-B , ALOPI BAGH, ALLAHABAD-211 006.

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DEVAKI SHETTY SINCE DEAD BY LRS,

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KRISHNA S. SHETTY, AGED ABOUT 74 YEARS, S/O SANTHU SHETTY,

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SUNANDA SHETTY, AGED ABOUT 70 YEARS, D/O SANTHU SHETTY,

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RAGHAVA SHETTY, AGED ABOUT 67 YEARS, S/O SANTHU SHETTY,

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JAYANTHI SHETTY, AGED ABOUT 64 YEARS, D/O SANTHU SHETTY,

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CHANDRAHASA SHETTY, AGED ABOUT 60 YEARS, S/O SANTHU SHETTY.

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JAYASHREE, AGED ABOUT 56 YEARS, D/O SANTHU SHETTY

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R46 TO R51 ARE R/AT: GULIGADDE HOUSE, KULAVOOR VILLAGE, P.O.KUPPEPADAV, BANTWAL TALUK, D.K-574 211.

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10 - NC: 2026:KHC:18178-DB RFA No. 1476 of 2007

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HC-KAR

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VIMALA, D/O. MUDDANNA SHETTY AGED ABOUT 67 YEARS,

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RAMESH SHETTY, S/O. MUDDANNA SHETTY AGED ABOUT 64 YEARS,

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PURUSHOTHAMA SHETTY, AGED ABOUT 60 YEARS, SON OF MUDDANNA SHETTY,

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SUVARNI, AGED ABOUT 56 YEARS, D/O MUDDANNA SHETTY,

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BALAKRISHNA SHETTY, AGED ABOUT 53 YEARS, S/O MUDDANNA SHETTY,

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HARISH SHETTY, AGED ABOUT 49 YEARS, S/O MUDDANNA SHETTY,

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GANESH SHETTY, AGED ABOUT 45 YEARS, S/O MUDDANNA SHETTY,

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R52 TO R58 ARE R/AT: KORIYAR HOSAMANE, DELANTHABETTU VILLAGE AND POST, VIA KATIPALLA, MANGALORE TALUK DK-575 001.

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SAROJINI SHETTY SINCE DEAD BY LRS,

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11 -

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NC: 2026:KHC:18178-DB RFA No. 1476 of 2007

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HC-KAR

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VISHALA, AGED ABOUT 55 YEARS, D/O SUNDARA SHETTY

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VASANTHA SHETTY, AGED ABOUT 52 YEARS, D/O SUNDARA SHETTY,

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YUGAVANTHI, AGED ABOUT 49 YEARS, D/O SUNDARA SHETTY,

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SUDHAKAR SHETTY, AGED ABOUT 45 YEARS, S/O SUNDARA SHETTY

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PRAVEENA, AGED ABOUT 42 YEARS, D/O SUNDARA SHETTY

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NAVEENA AGED ABOUT 42 YEARS, D/O SUNDARA SHETTY

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R59 TO R65 ARE R/AT DONINGE GUTHU HOUSE, P.O.GURPUR, MANGALORE TALUK, D.K-575 001.

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THIMMAPPA SHETTY SINCE DEAD BY LRS

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SHAMBHU SHETTY SINCE DEAD BY LRS

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SUMATHI SHETTY, AGED ABOUT 58 YEARS, D/O DODDU SHEDTHI,

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12 -

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NC: 2026:KHC:18178-DB RFA No. 1476 of 2007

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HC-KAR

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NAMRATHA, AGED ABOUT 30 YEARS, D/O SUMATHI SHETTY,

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R68 & R69 ARE R/AT: <SRI SAI SADAN=, 3 STAR CHAWL MALWANI COLONY, MALAD (WEST), BOMBAY-400 098.

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&RESPONDENTS

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[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);

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R15, R16, R17, R23, R28 R31(A), R32, R33 (R33 MINOR REP. BY 32), R40, R44, R50, R51, R54, R57, R58 ARE SERVED, UNREPRESENTED;

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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;

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AS PER ORDER DATED 24.08.2015, NOTICE TO R27 IS HELD SUFFICIENT;

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AS PER ORDER DATED 22.2.2016 NOTICE TO R18 IS HELD SUFFICIENT;

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AS PER ORDER DATED 22.10.2024, R14 IS TREATED AS LR OF DECEASED R13;

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AS PER ORDER DATED 22.10.2024, APPEAL AGAINST R35 IS ABATED]

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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.

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