- 1 - HC-KAR NC: 2026:KHC:33085 RSA No. 712 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 712 OF 2017 (PAR-) BETWEEN: UMILA POOJARY AGED ABOUT 65 YEARS, S/O LATE CHINDU POOJARTHI KIOPPALA HOUSE, HIRGANA VILLAGE, KARKALA TALUK, POST: HIRGANA, UDUPI DISTRICT - 576 117. …APPELLANT (BY SRI. VIJAYA KRISHNA BHAT M, ADVOCATE) AND: 1. KARIYA POOJARY AGED ABOUT 57 YEARS, S/O LATE KORAPOLU POOJRTHI 2. KAMALA POOJARTHI AGED ABOUT 69 YEARS, D/O SMT. KORAPOLU POOJARTHI, 3. SMT. JALAJA POOJRTHI AGED ABOUT 55 YEARS, D/O SMT. KORAPOLU POOJRTHI, 4. SMT. RATHI POOJRTHI AGED ABOUT 50 YEARS, D/O SMT. KORAPOLU POOJRTHI, Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33085 RSA No. 712 of 2017 5. ANANDA POOJARY AGED ABOUT 46 YEARS, S/O SMT. KORAPOLU POOJRTHI, 6. APPA POOJARY AGED ABOUT 60 YEARS, S/O SMT. CHINDU POOJARTHI, 7. GULABI POOJARTHI AGED ABOUT 58 YEARS, D/O SMT. CHINDU POOJARTHI, 8. INDIRA POOJARTHI AGED ABOUT 50 YEARS, SDS/O SMT. CHINDU POOJARTHI, 9. BHOJA POOJARY AGED ABOUT 40 YEARS, S/O SMT. CHINDU POOJARTHI, 10. SANJEEVA POOJARY AGED ABOUT 28 YEARS, S/O SMT. KAMALA POOJARTHI, 11. JAYA POOJARY AGED ABOUT 26 YEARS, S/O SMT. KAMALA POOJARTHI, 12. SUNEETHA POOJARTHI AGED ABOUT 27 YEARS, D/O SMT. KAMALA POOJARTHI, 13. SUDHIRA POOJARY AGED ABOUT 23 YEARS, S/O SMT. KAMALA POOJARTHI, - 3 - HC-KAR NC: 2026:KHC:33085 RSA No. 712 of 2017 14. SUNIL POOJARY AGED ABOUT 22 YEARS, S/O SMT. KAMALA POOJARTHI, 15. SUGUNA POOJARHI AGED ABOUT 32 YEARS, D/O SMT. JALAJA POOJARTHI, 16. SHEKARA POOJARY AGED ABOUT 30 YEARS, S/O SMT. JALAJA POOJARTHI, 17. SADANANDA POOJARY AGED ABOUT 25 YEARS, S/O SMT. JALAJA POOJARTHI, 18. SUMITHRA POOJARTHI AGED ABOUT 24 YEARS, D/O SMT. JALAJA POOJARTHI, 19. DINESH POOJARY AGED ABOUT 23 YEARS, S/O SMT. JALAJA POOJARTHI, 20. PRAVEENA POOJARY AGED ABOUT 21 YEARS, S/O SMT. JALAJA POOJARTHI, 21. VIJAYA POOJARTHI AGED ABOUT 26 YEARS, D/O SMT. RATHI POOJARTHI, 22. VANITHA POOJARTHI AGED ABOUT 24 YEARS, D/O SMT. RATHI POOJARTHI, - 4 - HC-KAR NC: 2026:KHC:33085 RSA No. 712 of 2017 23. SULOCHANA POOJARTHI AGED ABOUT 22 YEARS, D/O SMT. RATHI POOJARTHI, 24. SUJATHA POOJARTHI AGED ABOUT 19 YEARS, D/O SMT. RATHI POOJARTHI, 25. SHAKUNTHALA POOJARTHI AGED ABOUT 21 YEARS, D/O SMT. RATHI POOJARTHI, 26. SMT. JAYANTHI POOJARTHI AGED ABOUT 33 YEARS, D/O SMT. GULABI POOJARTHI, 27. SMT. VASNATHI POOJARTHI AGED ABOUT 30 YEARS, D/O SMT. GULABI POOJARTHI, 28. SMT. SUMATHI POOJARTHI AGED ABOUT 26 YEARS, D/O SMT. GULABI POOJARTHI, 29. SANTHOSH POOJARY AGED ABOUT 24 YEARS, S/O SMT. GULABI POOJARTHI, 30. BHARATHI POOJARTHI AGED ABOUT 20 YEARS, D/O SMT. GULABI POOJARTHI, 31. SAVITHA POOJARTHI AGED ABOUT 23 YEARS, D/O SMT. INDIRA POOJARTHI, - 5 - HC-KAR NC: 2026:KHC:33085 RSA No. 712 of 2017 RESPONDENTS 1 TO 31 RE THE RESIDENTS OF KOPPALA HOUSE, HIRGANA VILLAGE, KARKALA TALUK, POST: HIRGANA, UDUPI DISTRICT - 576 117. 32. VIKESH POOJARY AGED ABOUT 16 YEARS, S/O LATE VISHWANATHA (S/O LATE SMT. CHINDU) MINORE UNDER THE CARE AND CUSTODY OF HIS GRANDFATHER MUDDU POOJARY, BAJJALU MANE, HIRGANA VILLAGE, KARKALA TALUK, UDUPI - 576 117. 33. KRISHNA POOJARY AGED ABOUT 70 YEARS, S/O LATE KOOKRA POOJARY RESIDENT OF SULAUDAGUDDE DARKAST HOUSE, DOOPADAKATTE, POST: ATTUR, NITTE VILLAGE, KARKALA TALUK, UDUPI - 576 117. 34. SHANTHA AGED ABOUT 45 YEARS, S/O LATE KOOKRA POOJARY RESIDENT OF SULAUDAGUDDE DARKAST HOUSE, DOOPADAKATTE, POST: ATTUR, NITTE VILLAGE, KARKALA TALUK, UDUPI - 576 117. …RESPONDENTS (BY SRI. JAYAKARA SHETTY H, ADVOCATE FOR R1 TO R4; R7 TO R10, R13, R15, R16, R19 TO R21 AND R23, R24, R26, R28, R30; R1, R5, R11, R12, R14, R17, R18, R22, R25, R27, R29, R31, R32, R33, R34 - SERVED; VIDE ORDER DATED 11.06.2026, APPEAL STANDS DISMISSED AS ABATED IN RESPECT OF R6) - 6 - HC-KAR NC: 2026:KHC:33085 RSA No. 712 of 2017 THIS RSA IS FILED U/S. 100 OF CPC, AGAINST THE JUDGEMENT & DECREE DTD 16.12.2016 PASSED IN R.A.NO.12/2008 ON THE FILE OF THE SENIOR CIVIL JUDGE & ACJM, KARKALA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DTD 18.01.2008 PASSED IN OS.NO.70/2007 ON THE FILE OF THE PRINCIPL CIVIL JUDGE (JR.DN.) KARKALA. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Learned counsel for the appellant has filed a memo for withdrawal. The memo reads as under: "The appellant submits that the dispute between the parties has been settled out of Court and the appellant is not intending to prosecute the above appeal any further and seeks leave of the Hon’ble Court to withdraw the same. Accordingly, the appellant prays that the Hon’ble Court be pleased to dismiss the above appeal as withdrawn in the ends of justice and equity.” Placing the memo on record, appeal stands dismissed as withdrawn. Sd/- (V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 5