Sri.V. Ramdas Hegde vs Smt. Vishala V. Shetty (Since Deceased) on 23 February, 2026

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                                                         MFA No. 609 of 2024


                    HC-KAR



                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 23RD DAY OF FEBRUARY, 2026

                                             BEFORE
                                THE HON'BLE MS. JUSTICE JYOTI M
                    MISCELLANEOUS FIRST APPEAL NO.609 OF 2024 (CPC)

                   BETWEEN:

                   1.      SRI.V. RAMDAS HEGDE
                           AGED ABOUT 79 YEARS

                   2.      V. JAYAKANTHI V.SHETTY, (SINCE DECEASED)
                           AGED ABOUT 71 YEARS
                           SINCE DEAD HER LRS

                   2(A) SRI. VISHWANATH SHETTY
                        AGED ABOUT 78 YEARS
                        HUSBAND OF LATE V. JAYAKANTHI SHETTY

                   2(B) SMT. ANURADHA R.SHETTY
                        AGED ABOUT 46 YEARS

                   2(C) SMT. AMITHA K.SHETTY
Digitally signed by     AGED ABOUT 44 YEARS
PREMCHANDRA M R
Location: HIGH      2(D)   SRI. AJITH SHETTY
COURT OF
KARNATAKA                  AGED ABOUT 43 YEARS

                           APPELLANTS NO.2(B) TO 2(D) ARE
                           THE CHILDREN OF LATE V.JAYAKANTHI SHETTY

                   3.      V. SHRIKANTHI G.SHETTY (SINCE DECEASED)
                           AGED ABOUT 68 YEARS
                           SINCE DEAD HER LRS

                           APPELLANTS NO.1 TO 3 ARE THE CHILDREN OF LATE
                           KUSUMAVATHI HEGGADTHI
                           AND ALL ARE RESIDING AT "RAMA LEELA",
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     PARKALA-BADEGABETTU ROAD,
     PARKALA, UDUPI TALUK & DISTRICT-576107.

3(A) SRI T. GOPALA SHETTY
     AGED ABOUT 72 YEARS
     HUSBAND OF LATE SMT. V. SHRIKATHI SHETTY

3(B) SMT. DIVYA SHETTY
     AGED ABOUT 37 YEARS
     D/O LATE SMT. V. SHRIKANTHI SHETTY

     APPELLANTS NO.3(A) AND 3(B) ARE
     RESIDING AT "DIVYA SHREE",
     SHIVANAGARA,
     PARKALA - BADEGABETTU ROAD,
     PARKALA, UDUPI TALUK AND DISTRICT-576107

4.   SMT. SUJATHA B.SHETTY
     AGED ABOUT 67 YEARS

5.   SUDEER SHETTY, (SINCE DECEASED )
     AGED ABOUT 64 YEARS
     SINCE DEAD HIS LRS

5(A) SRI. AISHWARYA SHETTY
     AGED ABOUT 43 YEARS

5(B) ASHWATH SHETTY
     AGED ABOUT 41 YEARS

     APPELLANTS NO.5(A) AND 5(B) ARE
     THE CHILDREN OF LATE SUDEER SHETTY AND
     RESIDNG AT "SRI DURGE",
     2ND MAIN ROAD, ISWARA NAGARA,
     MANIPAL, UDUPI TALUK AND DISTRICT-576 104

6.   SMT. SUNEETHA
     AGED ABOUT 55 YEARS
     APPELLANST NO.4 TO 6 ARE
     THE CHILDREN OF LATE SARASWATHI HEGGADTHI
     AND ALL ARE RESIDING AT "SRI DURGE",
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       2ND MAIN ROAD, ISWARA NAGARA,
       MANIPAL, UDUPI TALUK
       AND DISTRICT-576 104.

7.     ARUNA P.HEGDE
       AGED ABOUT 69 YEARS

8.     PRAJWAL HEGDE
       AGED ABOUT 43 YEARS

9.     PRIYADARSHINI
       AGED ABOUT 41 YEARS

10.    PRIYANKA
       AGED ABOUT 39 YEARS

       APPELLANT NO.7 IS THE WIFE AND
       APPELLANTS NOS.8 TO 10 ARE CHILDREN OF
       LATE V PRABAKARA HEGDE AND
       ALL ARE PERMANENTLY RESIDING AT
       "PRABHARUNA", NEAR SUDDENDRA
       KALYANA MANTAPA
       POST: KUNJIBETTU
       UDUPI TALUK AND DISTRICT - 576 102

       APPELLANTS NO.8 TO 10 ARE
       REPRESENTED BY THEIR GPA HOLDER
       SMT. ARUNA P.HEGDE
                                             ...APPELLANTS
(BY SRI. Y RAJENDRA PRASAD SHETTY, ADVOCATE)

AND:

1.       SMT. VISHALA V. SHETTY (SINCE DECEASED)
         AGED ABOUT 88 YEARS
         D/O LATE KRISHNAYYA HEGDE
         SINCE DEAD HER LRS

1(A)     ARUN SHETTY
         AGED ABOUT 67 YEARS
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1(B)     AJITH SHETTY
         AGED ABOUT 66 YEARS

1(C).    ASHWIN VASU SHETTY
         AGED ABOUT 64 YEARS

1(D).    ROHITH VASU SHETTY
         AGED ABOUT 53 YEARS

         RESPONDENTS NO.1(A) TO 1(D) ARE
         THE CHILDREN OF LATE VISHALA V.SHETTY
         AND RESIDING AT 'GAUTAM NIVAS',
         154, ST.PAUL ROAD, DADAR EAST,
         DADAR, MUMBAI-400014.

2.       VILASHA J.SHETTY
         AGED ABOUT 72 YEARS
         D/O LATE SUGUNA HEGGADTHI,

3.       SAROJA SHETTY
         AGED ABOUT 70 YEARS

4.       SURAJ SHETTY,(SINCE DECEASED)
         AGED ABOUT 49 YEARS
         SINCE DEAD BY HIS LRS

4(A)     LAXMI KIRAN SHETTY
         AGED ABOUT 54 YEARS
         W/O LATE SURAJ SHETTY

4(B).    BRIJESH SHETTY
         AGED ABOUT 27 YEARS

4(C).    BHAVITH SHETTY
         AGED ABOUT 22 YEARS

         RESPONDENTS NO.4(A) TO 4(C) ARE
         THE CHILDREN OF LATE SURAJ SHETTY AND
         RESIDING AT FLAT NO.212,
         BLUE BERRY WOODS MANIPAL,
         UDUPI TALUK AND DISTRICT-576104
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5.       CHAYA SHETTY
         AGED ABOUT 45 YEARS

         RESPONDENT NO.3 IS THE WIFE AND
         RESPONDENTS NOS.4 AND 5 ARE
         THE CHILDREN OF LATE SUDAKAR SHETTY.

6.       NARENDRA SHETTY
         AGED ABOUT 57 YEARS

7.       BEENA SHETTY
         AGED ABOUT 53 YEARS

8.       MAHENDRA SHETTY
         AGED ABOUT 48 YEARS,

         RESPONDENTS NO.6 TO 8 ARE
         THE CHILDREN OF LATE MANORAMA SHETTY,

9.       NAINA
         AGED ABOUT 69 YEARS,

10.      DEEPIKA
         AGED ABOUT 42 YEARS,

11.      SHILPA
         AGED ABOUT 39 YEARS,

         RESPONDENTS NO.9 IS THE WIFE AND
         RESPONDENTS NO.10 AND 11 ARE
         THE CHILDREN OF LATE LOKANATHA SHETTY,
         AND RESPONDENT NO.1 TO 11 ARE
         RESIDING AT "SANNAKKI BETTU HOUSE",
         SANNAKKI BETTU, PARKALA,
         UDUPI TALUK AND DISTRICT-576107

12.      SABITHA RAI
         AGED ABOUT 74 YEARS,

13.      SURENDRA SHETTY
         AGED ABOUT 71 YEARS,
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14.      KRISHNAMMA
         AGED ABOUT 69 YEARS,

15.      HEMALATHA
         AGED ABOUT 66 YEARS,

16.      MAMATHA
         AGED ABOUT 64 YEARS,

17.      SHALINI
         AGED ABOUT 62 YEARS,

18.      DINESH HEGDE
         AGED ABOUT 59 YEARS,

         RESPONDENTS NO.12 TO 18 ARE
         THE CHILDREN OF LATE SHANTHA HEGGADTHI
         AND ALL ARE RESIDING AT KONDADI HOUSE,
         BOMMARABETTU VILLAGE,
         HIRIYADKA POST,
         UDUPI TALUK AND DISTRICT-576113

19.      VEENA SHETTY
         AGED ABOUT 65 YEARS,

20.      PRASANNA HEGDE (SINCE DECEASED)
         AGED ABOUT 61 YEARS,
         SINCE DEAD BY HIS LRS

20(A) SMT SUMANA HEGDE,
      AGED ABOUT 49 YEARS,
      W/O LATE PRASANNA HEGDE,

20(B) MISS APOORVA HEGE
      AGED ABOUT 23 YEARS,
      D/O LATE PRASANNA HEGDE,

         RESPONDENTS NO. 20(A) AND 20(B) ARE
         RESIDING AT "NARASINGE HOUSE',
         HERGA VILLAGE, PRAKALA POST,
         UDUPI TALUK AND DISTRICT - 576107
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21.      PRASAD HEGDE
         AGED ABOUT 60 YEARS,

22.      VIDYA
         AGED ABOUT 59 YEARS,

         RESPONDENTS NO.19 TO 22 ARE
         THE CHILDREN OF LATE DASAPPA HEGDE.

23.      KANCHANA
         AGED ABOUT 56 YEARS,

24.      SINDOORA
         AGED ABOUT 30 YEARS,

25.      SHIVANI
         AGED ABOUT 28 YEARS,

         RESPONDENT NO.23 IS THE WIFE AND
         RESPONDENTS NO.24 AND 25 ARE
         THE CHILDREN OF LATE PRADEEP HEGDE,
         RESPONDENTS NO.19 TO 25 ARE
         RESIDING AT NARASINGE HOUSE,
         PARKALA POST,
         UDUPI TALUK AND DISTRICT-576107.

26.      PRATAP SHETTY
         AGED ABOUT 63 YEARS,

27.      PRAMILA SHETTY
         AGED ABOUT 61 YEARS,

28.      PRASAD SHETTY
         AGED ABOUT 58 YEARS,

         RESPONDENTS NO.26 TO 28 ARE
         THE CHILDREN OF LATE VEDAVATI HEGGADTHI
         AND ALL ARE RESIDING AT KOMBE HOUSE,
         PARKALA, UDUPI - 576107.
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29.      NIRUPAMA HEGDE
         AGED ABOUT 81 YEARS,
         D/O LATE SADASHIVA HEGDE,
         R/AT HIREBETTU HOUSE,
         ATHRADY, UDUPI-576107.

30.      SUJATHA HEGDE
         AGED ABOUT 75 YEARS,
         W/O LATE RATHNAKAR HEGDE,

31.      MANISH
         AGED ABOUT 48 YEARS,

32.      ASHISH
         AGED ABOUT 37 YEARS,

         RESPONDENT NO.30 IS THE WIFE AND
         RESPONDENTS NO.31 AND 32 ARE
         THE CHILDREN OF LATE RATHNAKAR HEGDE,

33.      APPANNA HEGDE
         AGED ABOUT 84 YEARS,

34.      SABITA HEGDE
         AGED ABOUT 78 YEARS,

35.      SARALA HEGDE
         AGED ABOUT 75 YEARS,

         RESPONDENTS NO.33 TO 35 ARE
         THE CHILDREN OF LATE RAMANNA HEGDE.

36.      ROHAN ALVA
         AGED ABOUT 56 YEARS,

37.      DHEERAJ ALVA
         AGED AVBOUT 47 YEARS

38.      PALLAVI
         AGED ABOUT 36 YEARS
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         RESPONDENTS NO.36 TO 38 ARE
         THE CHILDREN OF LATE SAROJA AND
         RESPONDENTS NOS.30 TO 38 ARE
         RESIDING AT "BASRUR HOUSE",
         BASRUR, KUNDAPURA TALUK,
         UDUPI DISTRICT-576211.

39.      RAMANANDA HEGDE
         AGED ABOUT 84 YEARS

40.      RADHALAKSHMI
         AGED ABOUT 79 YEARS

41.      DEVIPRASAD HEGDE
         AGED ABOUT 73 YEARS

42.      UMESH HEGDE
         AGED ABOUT 72 YERS

43.      RAMESH HEGDE
         AGED ABOUT 69 YEARS

44.      SATISHCHANDRA HEGDE,
         AGED ABOUT 66 YEARS

         RESPONDENTS NO.39 TO 44 ARE
         THE CHILDREN OF LATE JALAJAKSHI HEGGADTHI.

45.      SARALA B HEGDE
         AGED ABOUT 75 YEARS
         W/O LATE BALAKRISHNA HEGDE

46.      SHAILA HEGDE
         AGED ABOUT 69 YEARS
         W/O LATE MOHANDAS HEGDE

47.      INDIRA T HEGDE
         AGED ABOUT 60 YEARS
         W/O TARANATH HEGDE
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48.      SHAKEELA
         AGED ABOUT 43 YEARS
         W/O LATE HARIPRASAD

49.      ANURADHA
         AGED ABOUT 39 YEARS
         D/O LATE BALAKRISHNA HEGDE

50.      DHARMARAJA
         AGED ABOUT 44 YEARS

51.      JINARAJA
         AGED ABOUT 39 YEARS

52.      RAKSHA
         AGED ABOUT 37 YEARS

53.      SHAILA M HEGDE
         AGED ABOUT 65 YEARS

         RESPONDENTS NO.50 TO 53 ARE
         THE CHILDREN OF LATE MOHANDAS HEGDE

54.      H.PRATHAM HEGDE
         AGED ABOUT 42 YEARS

55.      H.MAYURA HEGDE
         AGED ABOUT 40 YEARS

56.      H.MAHAVEER HEGDE
         AGED ABOUT 38 YEARS

57.      SUNAINA
         AGED ABOUT 39 YEARS

58.      TARANA
         AGED ABOUT 34 YEARS
         RESPONDENTS NO.57 AND 58 ARE
         THE CHILDREN OF LATE TARANATH HEGDE
         RESPONDENTS NO.39 TO 58 ARE RESIDING AT
         "EESHAKRIAPA", KABYADI, NO.80,
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         BADAGABETTU VILLAGE,
         UDUPI TALUK AND DISTRICT - 576 107

59       V SHUBHAVATHI M SHETTY
         AGED ABOUT 74 YEARS
         D/O LATE KUSUMAVATHI
         R/A "SHUBA NILAYA"
         MAHADEVI GULLY, POST ALANDA
         ALANDA - 585302.
         GULBARGA

60.      THE SUB-REGISTRAR
         OFFICE OF THE SUB -REGISTRAR
         AT UDUPI, BANNANJE
         UDUPI TALUK AND DISTRICT - 576101.

61.      THE PDO
         NO.80, BADAGABETTU VILLAGE PANCHAYAT
         HIREBETTU, UDUPI TALUK - 576 107.

62.      THE PDO
         HIREBETTU VILLAGE PANCHAYAT
         HIREBETTU UDUPI TALUK - 576 107.

63.      SMT SOUMYA NAYAK
         AGED ABOUT 32 YEARS
         W/O SRI MADHUKAR NAYAK

64.      SRI MADHUKAR NAYAK
         AGED ABOUT 37 YEARS
         S/O SRI GOVINDA NAYAK

         RESPONDENTS NO.63 AND 64 ARE
         RESIDING AT ARANTHABETTU, HIRIYADKA POST,
         ANJAR VILLAGE, UDUPI TALUK
         AND DISTRICT-576 113.

65.      SMT K MAMATHA SHETTY
         AGED ABOUT 65 YEARS
         W/O LATE SUKESH SHETTY
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66.      SRI AMEYA SHETTY
         AGED ABOUT 36YEARS
         S/O LATE SUKESH SHETTY

67.      SRI NISHANTH SHETTY
         AGED ABOUT 34 YEARS
         S/O LATE SUKESH SHETTY

         RESPONDENTS NO.65 TO 67 ARE
         RESIDING AT 4-165, "KRISHNA",
         5TH CROSS ROAD, DASHARATHA NAGAR,
         MANIPAL POST,
         UDUPI TALUK AND DISTRICT-576 104.

                                              ...RESPONDENTS

(BY SRI. KRISHNA MOHANA REDDY C., ADVOCATE FOR
    R26, R63 AND R64;
      SMT. ASHA SHETTY, ADVOCATE FOR R28;
      SMT. LAKSHMI, ADVOCATE FOR
      SRI. PRASANNA V.R., ADVOCATE FOR R40 TO R42,
      R44 TO R47 AND 54;
      R27, R33, R34, R35, R39, R43, R52, R55, R56, R58, R60,
      R61, R62 AND R65 ARE SERVED AND UNREPRESENTED;
      VIDE COURT ORDER DATED 09.02.2024,
      NOTICE TO R1 TO R25 ARE DIPENSED WITH)


       THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
ORDER 43 RULE 1(r) OF THE CODE OF CIVIL PROCEDURE.


       THIS MISCELLANEOUS FIRST APPEAL IS LISTED FOR
ORDERS, THIS DAY, THE JUDGMENT IS DELIVERED AS UNDER:
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                         ORAL JUDGMENT
Sri.Y.Rajendra Prasad Shetty, counsel for the appellants
and Smt.Lakshmi, counsel on behalf of Sri.Prasanna V.R.,
counsel for respondent Nos.40 to 42, 44 to 47 and 54 appeared
in person.
2. Counsel for the respective parties jointly submit
that the appeal may be dismissed as having become
infructuous.
3. When queried, counsel submits that a conscious
decision is taken about the submission as the appeal having
become infructuous.
4. The oral submission is placed on record.
5. Resultantly, the appeal is dismissed as having