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Smt Ambavathi Shetty Vs Smt Rathi Shedthi — Karnataka HC (2026) — LawSathi Research

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Karnataka HC
2026
Smt Ambavathi Shetty Vs Smt Rathi ShedthiSmt Ambavathi Shetty v. Smt Rathi Shedthi

Dismissed¶47

Smt Ambavathi Shetty v. Smt Rathi Shedthi

Karnataka HC13 Mar 2026RSA/1739/2022

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; decided 13.03.2026; single judge: Justice Pradeep Singh Yerur. RSA No. 1739 of 2022 (PAR) filed under SEC.100 OF CPC. Underlying suit: OS.No.328/2015 for partition, decreed 22.09.2018 by III Additional Senior Civil Judge (Itinerary at Moodabidri); first appeal RA.No.47/2018 dismissed 21.08.2019 by III Additional District Judge, D.K. Mangaluru. Second appeal dismissed for non-compliance with order dated 02.02.2026 requiring deposit of Rs.5,000/- to the Chief Minister's Relief Fund and rectification of registry objections. Appellants: Ambavathi, Kasthuri, Ashok, Sujatha and Kusala Shetty (counsel: Shreya Machigad for Udaya Prakash M.). Respondents: Rathi Shedthi, Sugandhi, Sunitha, Kutti Shetty, Sunanda Shetty, Tejpal, Vidhya, Girish. Disposition: dismissed; no quantum awarded; no precedents discussed.

What did the court decide?

For non-compliance with the Court's order dated 02.02.2026 (neither the Rs.5,000/- cost deposited to the Chief Minister's Relief Fund nor the registry objections rectified), the appeal stands dismissed.

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the regular second appeal should stand dismissed for non-compliance with the Court's order dated 02.02.2026 (deposit of Rs.5,000/- to the Chief Minister's Relief Fund and rectification of registry objections).

Court's answer

For non-compliance with the Court's order dated 02.02.2026 (neither the Rs.5,000/- cost deposited to the Chief Minister's Relief Fund nor the registry objections rectified), the appeal stands dismissed.

Detailed headnote1 paragraphs

Regular Second Appeal under Sec.100 CPC (RSA No.1739 of 2022 (PAR)) by five heirs of Late Lalitha Shedthi against the appellate judgment and decree dated 21.08.2019 in RA.No.47/2018 (III Additional District Judge, D.K. Mangaluru) dismissing the first appeal and confirming the trial court's decree dated 22.09.2018 in OS.No.328/2015 (III Additional Senior Civil Judge, itinerary at Moodabidri) of a suit for partition. On 02.02.2026 the High Court conditioned further progress on deposit of Rs.5,000/- to the Chief Minister's Relief Fund and rectification of registry objections; the appellants complied with neither. By oral judgment dated 13.03.2026, Justice Pradeep Singh Yerur dismissed the appeal solely for such non-compliance. No substantive partition question was adjudicated and no precedent was cited or engaged.

A

1 -

NC: 2026:KHC:15239 RSA No. 1739 of 2022

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF MARCH, 2026

BEFORE

THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR REGULAR SECOND APPEAL NO. 1739 OF 2022 (PAR)

BETWEEN:

SMT AMBAVATHI SHETTY AGED ABOUT 71 YEARS

SMT. KASTHURI SHETTY AGED ABOUT 63 YEARS

SRI. ASHOK SHETTY AGED ABOUT 55 YEARS

NO.1 TO 3 ARE CHILDREN OF LATE LALITHA SHEDTHI AND ARE RESIDENTS OF GUDDEBETTU HOUSE, BADAGAMIJARU VILLAGE MANGALURU TALUK, D.K

Digitally signed by B LAVANYA Location: HIGH COURT OF KARNATAKA

SMT. SUJATHA SHETTY AGED ABOUT 54 YEARS W/O MOHAN MATHUR NO.121, IIND MAIN SOUTH BOCK, UPKAR LAYTU NEAR RTO BENGALURU 560 056

SMT. KUSALA SHETTY AGED ABOTU 56 YEARS

2 - NC: 2026:KHC:15239 RSA No. 1739 of 2022

HC-KAR

D/O LALITHA SHEDTHI, R/AT GUDDEBETTU HOUSE BADAGAMIJARU VILLAGE, MANGALURU TALUK D.K

…APPELLANTS

(BY SMT.SHREYA MACHIGAD FOR SRI. UDAYA PRAKASH M., ADVOCATE)

AND:

SMT RATHI SHEDTHI AGED ABOUT 92 YEARS D/O LAXMI SHEDTHI C/O MRS. DEEPA SHETTY W/O SADA SHETTY BUILDERS PARADISE, 'A' WING, PENTA HOUSE-2, 5TH MAIN 4TH CROSS OPP. NCF SCHOOL MALLESH PALYA BENGALURU 560 075

SMT.SUGANDHI AGED ABOUT 52 YEARS

SMT. SUNITHA AGED ABOUT 52 YEARS

RESPONDENTS 2 AND 3 ARE CHILDREN OF LATE CHANAPAP SHETTY

3 - NC: 2026:KHC:15239 RSA No. 1739 of 2022

HC-KAR

AND R/A SHABARI APARTMENTS, 2ND FLOOR ROOM NO.3, DEVIDAS ROAD, BORIVILI WEST MUMBAI 400 103

SRI. KUTTI SHETTY AGED ABOUT 66 YEARS S/O LATE LALITHA SHETTY R/AT GUDDEBETTU HOUSE BADAGAMIJARU VILLAGE MANGALURU TALUK D.K

SMT. SUNANDA SHETTY W/O LATE ANNI @ ANIL ADULT

MR. TEJPAL ADULT

MISS VIDHYA ADULT

MR. GIRISH ADULT,

RESPONDENT NOS.5 TO 8 ARE R/AT GUDDEBETTU HOUSE BADAGAMIJARU VILLAGE MANGALURU TALUK D.K - 574225

…RESPONDENTS

4 - NC: 2026:KHC:15239 RSA No. 1739 of 2022

HC-KAR

THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 21.08.2019 PASSED IN RA.NO.47/2018 ON THE FILE OF THE III ADDITIONAL DISTRICT JUDGE, D.K.MANGALURU, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 22.09.2018 PASSED IN OS.NO.328/2015 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE, (ITINERARY AT MOODABIDRI) TRIAL COURT DECREED THE SUIT. APPELLATE COURT DISMISSED THE APPEAL. THE SUIT FOR PARTITION.

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

ORAL JUDGMENT

Learned counsel for the appellants is present.

This Court vide order dated 02.02.2026, passed an order directing the appellants to deposit the cost of Rs.5,000/- to the 'Chief Minister's Relief Fund' and to rectify the objections raised by the registry within two weeks. The same is not complied, neither rectified the objections raised by the registry nor the cost is deposited.

Learned counsel for the appellants submits that despite informing the appellants, they are not responding to comply with the orders. It appears that the appellants are not interested in continuing the proceedings. Under

5 -

NC: 2026:KHC:15239 RSA No. 1739 of 2022

HC-KAR

the circumstances, for the non compliance of the orders passed by this Court, the appeal stands dismissed.

Sd/(PRADEEP SINGH YERUR) JUDGE

RCK, List No.: 1 Sl No.: 5

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the regular second appeal should stand dismissed for non-compliance with the Court's order dated 02.02.2026 (deposit of Rs.5,000/- to the Chief Minister's Relief Fund and rectification of registry objections).medium confidence¶47
The court held
For non-compliance with the Court's order dated 02.02.2026 (neither the Rs.5,000/- cost deposited to the Chief Minister's Relief Fund nor the registry objections rectified), the appeal stands dismissed.ratio¶47

Statutes considered

1 provisions across 1 enactments

AI extract

CPC (Civil Procedure Code)Section 100¶37

Procedural history

How this case reached the court

AI extract

Order under challenge
Judgment and decree dated 21.08.2019 in RA.No.47/2018 dismissing the first appeal and confirming the trial court's judgment and decree dated 22.09.2018 in OS.No.328/2015 (partition suit decreed).¶37
III ADDITIONAL DISTRICT JUDGE, D.K.MANGALURU · 21.08.2019
Prior proceeding
Trial court decreed the suit for partition in OS.No.328/2015 by judgment and decree dated 22.09.2018 (III Additional Senior Civil Judge, itinerary at Moodabidri).¶37
Prior proceeding
Conditional order dated 02.02.2026 in this appeal: appellants directed to deposit Rs.5,000/- cost to the Chief Minister's Relief Fund and rectify registry objections within two weeks; neither done.¶42

Parties & counsel

AI extract

appellant
SMT AMBAVATHI SHETTY¶8
SMT.SHREYA MACHIGAD, SRI. UDAYA PRAKASH M.
appellant
SMT. KASTHURI SHETTY¶9
appellant
SRI. ASHOK SHETTY¶10
appellant
SMT. SUJATHA SHETTY¶13
appellant
SMT. KUSALA SHETTY¶14
respondent
SMT RATHI SHEDTHI¶21
respondent
SMT.SUGANDHI¶22
respondent
SMT. SUNITHA¶23
respondent
SRI. KUTTI SHETTY¶28
respondent
SMT. SUNANDA SHETTY¶29
respondent
MR. TEJPAL¶30
respondent
MISS VIDHYA¶31
respondent
MR. GIRISH¶32

Coram

AI extract

HON'BLE MR. JUSTICE PRADEEP SINGH YERURauthor¶39

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 13 Mar 2026 · March
Registered: 30 Nov 2022
Case no.: RSA/1739/2022
CNR: KAHC010554342022
Bench: Pradeep Singh Yerur
Disposal: Dismissed for Non-Prosecution
Case type: REGULAR SECOND APPEAL (PAR)

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Cite this judgement

Smt Ambavathi Shetty v. Smt Rathi Shedthi, RSA/1739/2022 (KA), decided on 13 March 2026.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

CPC (Civil Procedure Code)Section 100

View all statutes

Procedural history3

Judgment and decree dated 21.08.2019 in RA.No.47/2018 dismissing the first appeal and confirming the trial court's judgment and decree dated 22.09.2018 in OS.No.328/2015 (partition suit decreed).III ADDITIONAL DISTRICT JUDGE, D.K.MANGALURU · 21.08.2019
Trial court decreed the suit for partition in OS.No.328/2015 by judgment and decree dated 22.09.2018 (III Additional Senior Civil Judge, itinerary at Moodabidri).
Conditional order dated 02.02.2026 in this appeal: appellants directed to deposit Rs.5,000/- cost to the Chief Minister's Relief Fund and rectify registry objections within two weeks; neither done.

View full history

Bench / Coram

HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

Parties & counsel