Smt Nagamma @ Gulabi vs Smt Leela @ Bommi
2024 Latest Caselaw 1504 Kant

Karnataka High Court

Smt Nagamma @ Gulabi vs Smt Leela @ Bommi on 17 January, 2024

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                                                            NC: 2024:KHC:2293
                                                         RFA No. 1750 of 2007




                         IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 17TH DAY OF JANUARY, 2024

                                            BEFORE
                               THE HON'BLE MR JUSTICE C M JOSHI
                          REGULAR FIRST APPEAL NO. 1750 OF 2007 (PAR)
                   BETWEEN:

                   1.     SMT. NAGAMMA @ GULABI,
                          W/O LATE BASAPPA POOJARY,
                          AGED ABOUT 67 YEARS.

                   2.     SRI SUNDARA B ANCHAN,
                          AGED ABOUT 45 YEARS.

                   3.     SRI ANANDA B ANCHAN,
                          AGED ABOUT 44 YEARS.

                   4.     SRI KRISHNA B ANCHAN,
                          AGED ABOUT 40 YEARS.

                   5.     SRI ACHUTHA B ANCHAN,
                          AGED ABOUT 38 YEARS.

                   6.     SMT. VASANTHI ANCHAN,
                          AGED ABOUT 47 YEARS.
Digitally signed by
VIJAYALAKSHMI 7.          SMT. SAMPA,
BN                        AGED ABOUT 42 YEARS.
Location: High
Court of            8.    SMT. BABY ANCHAN,
Karnataka
                          AGED ABOUT 42 YEARS.

                          R2 TO R8 ARE CHILDREN OF
                          LATE BASAPPA POOJARY AND ALL
                          ARE R/AT NIRANA MANE,
                          KARINJE VILLAGE,
                          TACCODE POST,
                          MANGALORE TALUK, D.K.

                          SMT. KUNJI POOJARTHI (SINCE DECEASED)
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                                          NC: 2024:KHC:2293
                                       RFA No. 1750 of 2007




9.   SRI SUNDARA POOJARY,
     AGED ABOUT 57 YEARS.

10. SRI SHEENA POOJARY,
    AGED ABOUT 55 YEARS.

11. SRI GOPALA POOJARY,
    AGED ABOUT 51 YEARS.

12. SMT. PUSHPA POOJARTHI,
    AGED ABOUT 49 YEARS.

13. SRI SHRIDHARA POOJARY,
    AGED ABOUT 47 YEARS.

14. SRI SHEKARA POOJARY,
    AGED ABOUT 45 YEARS.

     R9 TO R14 ARE CHILDREN OF
     LATE KUNJI POOJARTHI,

     ALL ARE R/AT NIRANA MANE,
     KARINJE VILLAGE,
     TACCODE POST,
     MANGALORE TALUK, D.K.- 575 001.
                                            ...APPELLANTS
(BY SRI K CHANDRANATH ARIGA, ADVOCATE;
    APPEAL IS ABATED AS AGAINST A2, A3 & A5 V/O DATED
    23.06.2023)

AND:

1.   SMT. LEELA @ BOMMI,
     W/O LATE THOMA POOJARY,
     AGED ABOUT 62 YEARS.

2.   SRI PURUSHOTHAMA,
     AGED ABOUT 42 YEARS.

3.   SRI RAVI,
     AGED ABOUT 40 YEARS.

4.   SRI GOPALA,
     AGED ABOUT 38 YEARS.
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                                       NC: 2024:KHC:2293
                                   RFA No. 1750 of 2007




5.   SMT. SHAMBAVI,
     AGED ABOUT 36 YEARS.

6.   SRI UMESHA,
     AGED ABOUT 34 YEARS.

7.   SRI THARANATHA,
     AGED ABOUT 32 YEARS.

8.   KUM. SUJATHA,
     AGED ABOUT 30 YEARS.

9.   KUM. BABY,
     AGED ABOUT 28 YEARS.

     RESPONDENTS 2 TO 9 ARE
     CHILDREN OF LATE THOMA POOJARY.

     ALL ARE R/AT NIRANA MANE,
     KARINJI VILLAGE,
     TACCODE POST,
     MANGALORE TALUK,
     D.K.-575 001.
                                        ...RESPONDENTS
(BY SRI PRASANNA V.R, ADVOCATE FOR R2 TO R8;
    APPEAL IS ABATED AS AGAINST R1 & R9 V/O DATED
    23.06.2023)

     THIS RFA IS FILED U/S.96 OF CPC AGAINST THE
JUDGMENT AND DECREE DATED 30.3.2007 PASSED IN
O.S.NO.234/2005 ON THE FILE OF THE CIVIL JUDGE (SR.DN)
AND ACJM, KARKALA, PARTLY DECREEING THE SUIT FOR
PARTITION.

     THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
                      JUDGMENT

None appear for the appellants and respondents.

Even on the last occasion also none had appeared on

NC: 2024:KHC:2293

behalf of the appellants. The order dated 26-03-2023

notices that appellants No. 2, 3 and 5 are dead and

respondents No.1 and 9 are also dead.

2. The suit being one for partition five of the

parties are no more and therefore, right to sue does not

survive against only few of the respondents. Therefore,

the appeal stands abated.

Sd/-

JUDGE

tsn*