Karnataka High Court
Smt. Girija vs Smt.Shantha Poojarthi on 29 October, 2024
Author: Ravi V Hosmani
Bench: Ravi V Hosmani
-1-
NC: 2024:KHC:43654
RSA No. 1430 of 2011
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI
REGULAR SECOND APPEAL NO. 1430 OF 2011 (PAR)
BETWEEN:
1. SMT. GIRIJA
AGED ABOUT 63 YEARS,
LATE MABU POOJARY,
2. MRS. SUGUNA,
AGED ABOUT 42 YEARS,
3. SMT. SUJAYA,
AGED ABOUT 37 YEARS,
4. SMT. SUMANAJI,
AGED ABOUT 35 YEARS,
5. SRI SUDHAKARA,
Digitally signed AGED ABOUT 33 YEARS,
by VEERENDRA
KUMAR K M
APPELLANTS 2 TO 5 ARE
Location: HIGH THE CHILDREN OF
COURT OF
KARNATAKA LATE MABU POOJARY,
THE APPELLANTS ARE
R/AT ARYOTTU, NALLUR VILLAGE,
NELLIKAR POST,
MANGALORE TALUK-575001.
...APPELLANTS
(BY SRI H.JAYAKARA SHETTY, ADVOCATE)
-2-
NC: 2024:KHC:43654
RSA No. 1430 of 2011
AND:
1. SMT. SHANTHA POOJARTHI
AGED ABOUT 44 YEARS,
W/O MAHABALA POOJARY,
R/AT ARYOTTU, NALLUR VILLAGE,
NELLIKAR POST,
MANGALORE TALUK-575001.
2. SMT. CHENNAMMA,
AGED ABOUT 53 YEARS,
W/O CHINNAYYA POOJARY,
3. SMT. VASANTHI,
AGED ABOUT 33 YEARS,
4. YASHODHARA,
AGED ABOUT 31 YEARS,
RESPONDENTS 3 AND 4 ARE
THE CHILDREN OF
SMT. CHENNAMMA ALIAS SUNDARI.
RESPONDENTS 2 TO 4 ARE
R/AT KANGINA HOUSE,
MANTRADY VILLAGE & POST,
MANGALORE TALUK, D.K.-575001.
5. SMT. SUMITHRA,
AGED ABOUT 41 YEARS,
6. SURESH POOJARY,
AGED ABOUT 38 YEARS,
7. HARISH POOJARY,
AGED ABOUT 30 YEARS,
8. SMT. SUNEETHA POOJARTHI,
AGED ABOUT 27 YEARS,
-3-
NC: 2024:KHC:43654
RSA No. 1430 of 2011
RESPONDENTS 5 TO 8 ARE
THE CHILDREN OF
LATE PUTTU POOJARTHI
AND ARE R/AT ARYOTTU,
NALLUR VILLAGE,
NELLIKAR POST,
MANGALORE TALUK-575001.
9. SMT. JANAKI
AGED ABOUT 43 YEARS,
W/O SHIVANNA POOJARY,
10. PRAVEEN,
AGED ABOUT 22 YEARS,
S/O SHIVANNA POOJARY,
11. PRATHIMA,
AGED ABOUT 18 YEARS,
12. PRAMODA,
AGED ABOUT 12 YEARS,
RESPONDENT NO.12 IS MINOR,
REPRESENTED BY GUARDIAN
MOTHER-9TH RESPONDENT.
RESPONDENT NOS.9 TO 12 ARE
RESIDING AT KANGINA HOUSE,
MANTRADY VILLAGE AND POST,
MANGALORE TALUK, D.K.-575001.
...RESPONDENTS
(BY SRI K.CHANDRANATH ARIGA, ADVOCATE
FOR R1, R3, R5 TO R8;
R9, R10, R11 ARE SERVED;
R12 MINOR REPRESENTED BY GUARDIAN
MOTHER-R9; VIDE ORDER DATED 26.07.2024
APPEAL DISMISSED AS AGAINST R2 AND R4)
-4-
NC: 2024:KHC:43654
RSA No. 1430 of 2011
THIS RSA IS FILED UNDER SEC. 100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 09.03.2011 PASSED IN
R.A.NO.88/2008 ON THE FILE OF THE DISTRICT & SESSIONS
JUDGE (AD-HOC) PRESIDING OFFICER, FAST TRACK COURT,
KARKALA, DISMISSING THE APPEAL AND CONFIRMING THE
ORDER DATED 14.02.2008 PASSED IN FDP NO.22/2003 ON
THE FILE OF THE PRL. CIVIL JUDGE (JR.DN) KARKALA,
ALLOWING THE PETITION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE RAVI V HOSMANI
ORAL ORDER
Counsel for appellants submits that though
appellants were required to take steps for
respondents No.2 and 4, due to lack of instructions
he is unable to do so.
2. It is seen that service of notice to
respondent No.4 would be necessary as there are
some other legal representatives of respondent
No.2 on record. Since appeal is dismissed as
against respondent No.4, appeal in its present
NC: 2024:KHC:43654
form would not be tenable. Appeal is dismissed
for non-prosecution.
Sd/-
(RAVI V HOSMANI)
JUDGE
KMV
