- 1 - HC-KAR NC: 2025:KHC:19073 RSA No. 2308 of 2008 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE REGULAR SECOND APPEAL NO. 2308 OF 2008 BETWEEN: KALI POOJARTHI, AGED 70 YEARS, D/O LATE KUPPA POOJARY, R/AT MELMANE,MANJARABETTU HOUSE, HEBRI VILLAGE POST - 574 104, KARKALA TALUK, UDUPI DISTRICT. …APPELLANT (BY SRI. S.K. ACHARYA, ADVOCATE) AND: 1. AKKU POOJARTHI, AGED 63 YEARS, W/O KOTI POOJARY, R/AT BATTIHONDA, HEBRI VILLAGE POST - 574 104, KARKALA TALUK, UDUPI DISTRICT. 2. GULABI POOJARTHI, AGED 63 YEARS, W/O LATE KARIYA POOJARY. 3. BHASKARA POOJARY, AGED 48 YEARS, S/O KARIYA POOJARY, Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19073 RSA No. 2308 of 2008 4. SHANKAR POOJARY, AGED 46 YEARS, S/O KARIYA POOJARY, 5. PREMA, AGED 43 YEARS, D/O KARIYA POOJARY, RESPONDENTS 2 TO 5 ARE R/O SHENARABETTU HOUSE, DONDERANGADI, KARKALA TALUK - 574 104, UDUPI DISTRICT. …RESPONDENTS (BY SRI. T. HARISH BHANDARY, ADVOCATE FOR R2 AND R5; R1 AND R3 ARE SERVED; VIDE ORDER DATED 29.01.2024, APPEAL AGAINST R4 IS ABATED) THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGMENT & DECREE DATED 27.8.2008 PASSED IN R.A.NO 102/2005 ON THE FILE OF THE CIVIL JUDGE (SR. DN.) AND ACJM, KARKALA, DISMISSING THE APPEAL AND CONFIRMED JUDGMENT AND SETING ASIDE THE JUDGMENT AND DECREE DATED 29.07.1997 PASSED IN OS NO.354/1986 ON THE FILE OF THE II ADDL. CIVIL JUDGE (JR. DN) KARKALA. D.K. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:19073 RSA No. 2308 of 2008 CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE ORAL JUDGMENT More than three months have elapsed since the death of sole appellant. Steps are not taken. Accordingly, appeal is dismissed as abated. Sd/- (ANANT RAMANATH HEGDE) JUDGE KAV List No.: 1 Sl No.: 23 CT: BHK