- 1 - HC-KAR NC: 2025:KHC:39365-DB RFA No. 2316 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE RAJESH RAI K REGULAR FIRST APPEAL NO. 2316 OF 2023 (PAR) BETWEEN: SRI. SHANKAR POOJARY S/O LATE GULLI AGED ABOUT 79 YEARS RESIDING AT: OLD BHARATH NAGAR H.P. EAST GATE, GURUMATTA CHAWL VASINAKA, MAHUL ROAD CHEMBOOR, MUMBAI-74 …APPELLANT (BY SRI. AJITH A SHETTY, ADVOCATE-(ABSENT)) AND: 1. SMT. KITTI POOJARTHI W/O MANGRA POOJARY AGED ABOUT 70 YEARS, 2. SMT. SUMATHI POOJARTHI D/O MANGRA POOJRAY AGED ABOUT 53 YEARS 3. SRI. VASANTH AMIN S/O MANGRA POOJARY AGED ABOUT 51 YEARS 4. SMT. SUNANDA POOJARTHI D/O MANGRA POOJARY Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:39365-DB RFA No. 2316 of 2023 AGED ABOUT 49 YEARS 5. SMT. SUSHILA POOJARTHI D/O MANGRA POOJARY AGED ABOUT 47 YEARS 6. SRI. SANTHOSH POOJARY S/O MANGRA POOJARY AGED ABOUT 45 YEARS 7. SMT. SUNITHA POOJARTHI D/O MANGRA POOJARY AGED ABOUT 44 YEARS 8. SRI. SATISH POOJARY S/O MANGRA POOJARY AGED ABOUT 41 YEARS 9. SRI. KARUNAKAR M AMIN S/O MANGRA POOJRAY AGED ABOUT 39 YEARS RESPONDENTS No.1 TO 9 ARE RESIDENT OF KALATAMANE MATTAR POST, SHIRVA UDUPI - 576 116 10. SRI. JAYA POOJARY S/O LATE POOVA POOJARY AGED ABOUT 64 YEARS 11. SMT. PUSHPA POOJARTHI D/O LATE POOVA POOJARY AGED ABOUT 61 YEARS 12. SMT. SULOCHANA POOJARTHI D/O LATE POOVA POOJARY AGED ABOUT 57 YEARS 13. SRI. RAGHUNATH POOJARY S/O LATE POOVA POOJARY - 3 - HC-KAR NC: 2025:KHC:39365-DB RFA No. 2316 of 2023 AGED ABOUT 55 YEARS 14. SMT. INDIRA W/O LATE RAMESH POOJARY AGED ABOUT 58 YEARS 15. SRI. MANISH S/O LATE RAMESH POOJARY AGED ABOUT 25 YEARS 16. SMT. NALINI POOJARY W/O LATE SANJEEVA POOJARY AGED ABOUT 65 YEARS 17. SMT. USHA D/O LATE SANJEEVA POOJARY AGED ABOUT 50 YEARS 18. SMT. UMA D/O LATE SANJEEVA POOJARY AGED ABOUT 48 YEARS 19. SMT. JYOTHI D/O LATE SANJEEVA POOJARY AGED ABOUT 45 YEARS 20. SMT. SUNDARI POOJARTHI D/O CHENNAYYA POOJARY AGED ABOUT 77 YEARS RESPONDENTS No.10 TO 20 ARE RESIDING AT SULLEDUMANE SHIRVA VILLAGE, SHIRVA POST MANCHAKAL, UDUPI - 576 116 …RESPONDENTS THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 22.08.2023 PASSED IN OS. No.58/2018 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND ACJM, UDUPI, - 4 - HC-KAR NC: 2025:KHC:39365-DB RFA No. 2316 of 2023 DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE RAJESH RAI K) There is no appearance for the appellant. 2. Till today, office objections are not complied. Therefore, in view of the peremptory order dated 19.09.2024 passed by this Court, no further order is required. 3. Accordingly, appeal stands dismissed for non- prosecution. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (RAJESH RAI K) JUDGE PN List No.: 4 Sl No.: 20