- 1 - HC-KAR NC: 2026:KHC:34545 RSA No. 421 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 421 OF 2024 (PAR) BETWEEN: 1. SMT. SUBBU POOJARTHY AGED 65 YEARS D/O LATE AMMAKKA POOJARTHY, 2. BHASKAR POOJARY 44 YEARS 3. SUDHAKAR POOJARY 40 YEARS 4. SMT RENUKA 37 YEARS W/O VIJAYA POOJARY 5. MINOR DISHA 16 YEARS D/O SMT RENUKA REPRSENTED BY HER NEXT FRIEND AND NATURAL GUARDIAN SMT RENUKA 6. SMT REVATHI AGED ABOUT 34 YEARS W/O RAJESHA POOJARY Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34545 RSA No. 421 of 2024 RESPONDENTS NO.2 TO 4 ARE ALL CHILDREN OF SMT SUBBU POOJARTHY ALL ARE R/A HIGHLUMANE, KANCHGOD, GUJJADI VILLAGE AND POST KUNDAPUR TALUK - 576 201. …APPELLANTS (BY SMT. SOWKHYA PATIL, ADVOCATE FOR SRI. K. SHRIHARI, ADVOCATE) AND: 1. SMT. MANJI POOJARTHY AGED ABOUT 78 YEARS W/O LATE SHESHA POOJARY 2. SMT GIRIJA POOJARTHY AGED ABOUT 59 YEARS 3. BHAKARA POJARY AGED ABOUT 57 YEARS 4. SMT. SHARADA POOJARY AGED ABOUT 54 YEARS 5. SHEKHARA POOJARY AGED ABOUT 52 YEARS 6. SMT LALITHA AGED ABOUT 50 YEARS CHILDREN OF LATE SHESHA POOJARY ALL ARE R/AT HARINAMANE HATTIKUDRU BASRUR VILLAGE AND POST KUNADUPURA THALUK - 576 201 - 3 - HC-KAR NC: 2026:KHC:34545 RSA No. 421 of 2024 7. SMT. DOTTAMMA AGED ABOUT 83 YEARS W/O LATE LINGAPPA POOJARY 8. KRISHNA POOJARY AGED ABOUT 58 YEARS 9. SHEKHAR POOJARY AGED ABOUT 56 YEARS 10. SMT SAROJA AGED ABOUT 53 YEARS 11. RAGHU POOJARY AGED ABOUT 48 YEARS RESPONDENTS NO.8 TO 11 ARE CHILDREN OF LATE LINAGPPA POOJARY R/AT GOPALAKRISHNA SADANA, KATTU, HEMMADY VILLAGE AND POST KUNDAPURA TALUK - 576 201. 12. SMT THUNGU POOJARTHY AGED ABOUT 68 YEARS W/O LATE BABU POOJARY 13. SMT KUSUMA AGED ABOUT 48 YEARS 14. SMT GIRIJA AGED ABOUT 46 YEARS 15. SMT SAKHU AGED ABOUT 44 YEARS - 4 - HC-KAR NC: 2026:KHC:34545 RSA No. 421 of 2024 16. SMT INDIRA AGED ABOUT 42 YEARS 17. SMT SHANTHA AGED ABOUT 40 YEARS 18. KARUNAKARA POOJARY AGED ABOUT 38 YEARS RESPONDENTS NO.13 TO 18 ARE CHILDREN OF BABU POOJARY R/AT GURUKRUPA KATTU, HEMMADY VILLAGE AND POST KUNDAPURA TALUK - 576 201 19. SMT SHARADA AGED ABOUT 56 YERS W/O NARASIMHA POOJARY D/O LATE AMMAKKA 20. SMT SUJATHA AGED ABOUT 33 YEARS W/O. SANTHOSHA POOJARY 21. SRAJANA 14 YEARS REPRESENTED BY HIS MOTHER AND NATURAL GUARDIAN SMT SUJATHA 22. SMT SULEKHA AGED ABOUT 31 YEARS W/O SURENDRA POOJARY - 5 - HC-KAR NC: 2026:KHC:34545 RSA No. 421 of 2024 23. MINOR SUSEETH AGED ABOUT 10 YEARS REPRSENTED BY HIS MOTHER AND NATURAL GUARDIAN SMT SULEKHA 24. SUDHIR POOJARY AGED ABOUT 30 YEARS 25. SUNIL POOJARY AGED ABOUT 28 YEARS RESPONDENTS NO.20, 22, 24, 25 ARE ALL CHILDREN OF SMT. SHARADA RESPONDENTS NO.19 TO 25 ARE R/AT HANEHITHLU MANE HEMMADI VILLAGE AND POST KUNDAPURA TALUK - 576 201 26. SMT SUSHEELA AGED ABOUT 54 YEARS W/O KAMALAKSHA POOJARY D/O LATE AMMAKKA 27. SMT PRABHAVATHI AGED ABOUT 33 YEARS W/O MAHESH POOJARY 28. MINOR MANVITH AGED ABOUT 10 YEARS REPRSENTED BY HIS MOTHER AND NATURAL GUARDIAN SMT PRABHVATHI - 6 - HC-KAR NC: 2026:KHC:34545 RSA No. 421 of 2024 29. PRAVEEN POOJARY AGED ABOUT 32 YEARS 30. PRADEEP POOJARY AGED ABOUT 30 YEARS NO.27, 29 AND 30 ARE ALL CHILDREN OF SMT. SUSHEELA RESPONDENTS NO.26 TO 30 ARE R/AT SHIVAKRUPA, KADGI COMPOUND MOODKERI, KUNDAPURA KASABA KUNDAPURA TALUK - 576 201 31. RATHNAKARA POOJARY AGED ABOUT 43 YEARS S/O LATE AMMAKKA R/AT HANEHITHLUMANE KATTU, HEMMADI VILLAGE AND POST, KUNDAPURA TALUK - 576 201 32. CHANDRA POOJARY AGED ABOUT 53 YEARS 33. UDAYA POOJARY AGED ABOUT 51 YEARS, 34. RAGHU POOJARY AGED ABOUT 49 YEARS, 35. SAROJA POOJARTHY AGED ABOUT 47 YEARS, RESPONDENTS NO.32 TO 35 ARE CHILDREN OF LATE KUPPAYYA POOJARY - 7 - HC-KAR NC: 2026:KHC:34545 RSA No. 421 of 2024 36. SUBBA POOJARY AGED ABOUT 46 YEARS 37. NAGARATHNA AGED ABOUT 43 YEARS, R36 AND R37 ARE CHILDREN OF LATE NARASIMHA POOJARY, ALL ARE R/AT HOLAMOGE, HAKLADY POST, KUNDAPURA TALUK - 576 201 …RESPONDENTS THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 09.02.2023 PASSED IN R.A. NO.2/2022 ON THE FILE OF THE SENIOR CIVIL JUDGE, KUNDAPURA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 24.09.2021 PASSED IN OS.NO.276/2013 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, KUNDAPURA. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT Appeal came to be filed on 07.03.2024. - 8 - HC-KAR NC: 2026:KHC:34545 RSA No. 421 of 2024 Till today, no steps are taken despite granting sufficient time. Hence, the appeal stand dismissed for non prosecution. Sd/- (V SRISHANANDA) JUDGE SNC List No.: 1 Sl No.: 22