IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 15TH DAY OF OCTOBER, 2011 BEFORE HON' BLE MR. JUSTICE L.NARAYANA SWAMY RSA NO 1152 OF 2011 BETWEEN 1. M. RAMANNA SHETTY (SINCE DECEASED BY LR’S APPELLANTS NO.3 TO 5) 2. M.SANJIVA SHETTY (SINCE DECEASED BY LR’S APPELLANTS NO.7 TO 13) BOTH ARE SONS OF ABBAKKA SHEDTHI AND SOORANNA SHETTY, RESIDING IN MATPADY VILLAGE, UDUPI TALUK. 3. T. SUDHAKARA SHETTY, 58 YEARS, S/O LATE RAMANNA SHETTY, R/AT PATAL HOUSE, ALTHAR YEDT HADY, UDUPI. ..2.. RSA No. 1152/2011 2 4. T. SARVOTHAMA SHETTY, 44 YEARS, S/O LATE RAMANNA SHETTY R/AT MATPADY VILLAGE UDUPI TALUK. 5. T. MOHANDAS SHETTY, 42 YEARS, S/O LATE RAMANNA SHETTY R/AT 6TH MAIN, 10TH "B" CROSS RPC LAYOUT, VIJAYANAGAR, BANGALORE- 560 040. 6. SMT. GIRIJA SHEDTHI W/O LATE SANJEEVA SHETTY (SINCE DEAD LRS ON RECORD AS APPELLANTS 7 TO 13) 7. SMT. SHARADA D/O LATE SANJEEVA SHETTY, MAJOR, 8. SRI. ANANDA SHETTY S/O LATE SANJEEVA SHETTY MAJOR ..3.. RSA No. 1152/2011 3 9. SRI SUMATHI SHETTY S/O LATE SANJEEVA SHETTY MAJOR 10. SRI INDIRA D/O LATE SANJEEVA SHETTY MAJOR 11. SMT. SHAMBHAVI D/O LATE SANJEEVA SHETTY MAJOR 12. SRI. UDAYA S/O LATE SANJEEVA SHETTY MAJOR 13. SMT. USHA HEGDE D/O LATE SANJEEVA SHETTY MAJOR NO.6 TO 13 ARE RESIDING AT MATPADY VILLAGE, BRAHMAVARA, UDUPI TALUK. ... APPELLANT (S) ..4.. RSA No. 1152/2011 4 (By Sriyuths. NAVEEN CHANDRA SHETTY and MURALIDHARA ADVOCATES) AND 1. M. VITTAL SHETTY (SINCE DECEASED BY LR’S RESPONDENS NO. TO ) 2. SRI. SADAMMA SHETTY (SINCE DECEASED BY LR’S RESPONDENTS NO. TO ) 3. M. SEETHARAMA SHETTY S/O SADAMMA SHEDTHI AGED ABOUT 59 YEARS 4. M .JAYARAMA SHETTY S/O SADAMMA SHEDTHI AGED ABOUT 39 YEARS 5. M SURENDRA SHETTY S/O SADAMMA SHEDTHI AGED ABOUT 35 YEARS ..5.. RSA No. 1152/2011 5 6. SMT. SHANTHALA SHEDTHI S/O SADAMMA SHEDTHI AGED ABOUT 31 YEARS 7. SMT. PRAFULLA SHEDTHI S/O SADAMMA SHEDTHI AGED ABOUT 29 YEARS 8. SMT. NIRMALA SHEDTHI S/O SADAMMA SHEDTHI AGED ABOUT 27 YEARS 9. SRI. VISHWANATHA SHETTY S/O SADAMMA SHEDTHI AGED ABOUT 25 YEARS 10. SMT. REVATHI SHEDTHI S/O SADAMMA SHEDTHI AGED ABOUT 22 YEARS 11. SMT. POOJA SHEDTHI D/O SADAMMA SHEDTHI AGED ABOUT YEARS ..6.. RSA No. 1152/2011 6 12. SMT. POOJITHA SHEDTHI D/O PRAFULLA SHEDTHI AGED ABOUT YEARS 13. SMT. JALAJAKSHI SHEDTHI D/O BAGAMMA SHEDTHI AGED ABOUT 61 YEARS 14. SMT. SAMPAVATHI SHEDTHI D/O SMT. JALAJAKSHI SHEDTHI AGED ABOUT 41 YEARS 15. SRI JAYAKARA SHETTY S/O SMT. JALAJAKSHI SHEDTHI AGED ABOUT 38 YEARS 16. SMT. RATHNA S SHETTY D/O SMT. JALAJAKSHI SHEDTHI AGED ABOUT 31 YEARS 17. SRI PAVAN KUMAR S/O SMT. SAROJINI SHEDTHI AGED ABOUT YEARS ..7.. RSA No. 1152/2011 7 18. SRI SAVIN KUMAR S/O SMT. SAROJINI SHEDTHI AGED ABOUT YEARS 19. SMT. SAROJINI SHEDTHI D/O BAGAMMA AGED ABOUT 57 YEARS 20. SRI K. RAJIVA HEGDE S/O SMT. SAROJINI SHEDTHI AGED ABOUT 37 YEARS 21. SRI. K MOHANDAS HEGDE S/O SMT. SAROJINI SHEDTHI AGED ABOUT 34 YEARS 22. SRI SHARATH KUMAR (SINCE DECEASED) 23. SMT. JYOTHI D/O SMT. SAROJINI SHEDTHI AGED ABOUT 27 YEARS 24. SRI SANTHOSH KUMAR S/O SMT. SAROJINI SHEDTHI AGED ABOUT 25 YEARS ..8.. RSA No. 1152/2011 8 25. SRI SATISH HEGDE S/O SMT. SAROJINI SHEDTHI AGED ABOUT 22 YEARS 26. SRI ADARSHA S/O SMT. JYOTHI AGED ABOUT 3 YEARS, MINOR REP BY HIS MOTHER SMT. JYOTHI. RESPONDENTS NO.1 TO 26 ARE RESIDING AT MATPADY VILLAGE UDUPI TALUK. 27. SMT. RADHA SHEDTHI (SINCE DECEASED - LRS ON RECORD) 28. SRI. KORAGAYYA SHETTY S/O BHUJANGA SHETTY AGED ABOUT 44 YEARS 29. SMT. PREMA B. SHETTY D/O BHUJANGA SHETTY AGED ABOUT 27 YEARS RESPONDENTS NO.27 TO 29 ..9.. RSA No. 1152/2011 9 ARE RESIDING AT BAVIKATTE HOUSE AIRODY VILLAGE, UDUPI TALUK. 30. SMT. LALITHA K. SHEDTHI W/O K A SHETTY AGED ABOUT 47 YEARS 31. SMT. ASHA D/O SMT. LALITHA K. SHEDTHI AGED ABOUT 27 YEARS 32. SRI ASHOK SHETTY S/O SMT. LALITHA K SHEDTHI AGED ABOUT 25 YEARS 33. SMT. BHARATHI D/O SMT. LALITHA K SHEDTHI AGED ABOUT 22 YEARS 34. SMT. PUSHPA D/O SMT. LALITHA K SHEDTHI AGED ABOUT 17 YEARS ..10.. RSA No. 1152/2011 10 35. SMT. MADHURA D/O SMT. LALITHA K SHEDTHI AGED ABOUT 15 YEARS 36. JACINTHA LEWIS W/O GREGORY LEWIS AGED ABOUT 40 YEARS MATPADY VILLAGE UDUPI TALUK. 37. SMT. LAXMI D/O M BHUJANGA SHETTY AGED ABOUT 42 YEARS 38. SRI SRINIVASA SHETTY S/O M BHUJANGA SHETTY AGED ABOUT 41 YEARS 39. SRI BHASKARA SHETTY S/O M BHUJANGA SHETTY AGED ABOUT 39 YEARS 40. SMT. PRABHAVATHI D/O M BHUJANGA SHETTY AGED ABOUT 34 YEARS ..11.. RSA No. 1152/2011 11 41. SMT. LEELAVATHI D/O M BHUJANGA SHETTY AGED ABOUT 30 YEARS 42. SRI KARUKARA SHETTY D/O M BHUJANGA SHETTY AGED ABOUT 29 YEARS 43. SMT. LATHA D/O M BHUJANGA SHETTY AGED ABOUT 22 YEARS RESPONDENTS NO.37 TO 43 ARE RESIDING AT BAVIKATTE HOUSE AIRODY VILLAGE, UDUPI TALUK. 44. SMT. GIRIJA V. SHETTY D/O M. VITTAL SHETTY AGED ABOUT 58 YEARS 45. SRI SHANKARA D/O M VITTAL SHETTY AGED ABOUT 38 YEARS ..12.. RSA No. 1152/2011 12 46. SRI SHEKARA S/O M VITTAL SHETTY AGED ABOUT 36 YEARS 47. SRI SURENDRA S/O M VITTAL SHETTY AGED ABOUT 34 YEARS 48. SRI DILIP S/O M VITTAL SHETTY AGED ABOUT 23 YEARS 49. SMT. VASANTHI D/O M VITTAL SHETTY AGED ABOUT 30 YEARS 50. SAVITHRI (SINCE DECEASED) 50(a) AAKARSH S/O M VITTAL SHETTY AGED ABOUT 14 YEARS, MINOR REP BY COURT GUARDIAN MISS VEENA.N. ADVOCATE, UDUPI. ..13.. RSA No. 1152/2011 13 51. SMT. SUKANMATHI D/O M VITTAL SHETTY AGED ABOUT 22 YEARS 52. SMT. SAMPREETHI D/O M.VITTAL SHETTY AGED ABOUT 20 YEARS RESPONDENTS NO.44 TO 52 ARE RESIDING AT BANYALA BAIKADI, UDUPI TALUK. ... RESPONDENT(S) RSA FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 8.2.2011 PASSED IN R.A.NO.13/1996 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT, UDUPI, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED:2.11.1995 PASSED IN O.S.NO.302/1993 ON THE FILE OF THE II ADDL. MUNSIFF, UDUPI, D.K. ..14.. RSA No. 1152/2011 14 This RSA is coming on for Orders, this day, the Court made the following: ORDER Four weeks time granted for compliance of office objections, failing which the appeal shall stand dismissed without further reference to the bench. Sd/- JUDGE Ty. By : H.M.N R. By :VK C. By :DPS Ty.Date : 27/9/13 Copy C. Date :19/2/14 Sd/- Assistant Registrar