- 1 - HC-KAR CNR: KAHC010084142023 NC: 2026:KHC:39902 RSA No. 322 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 322 OF 2023 (PAR) BETWEEN: 1. SRI SHEKHARA S POOJARY AGED ABOUT 60 YEARS S/O LATE SUNDARA POOJARY 2. SMT SUNDAR POOJARTHI (SINCE DECEASED) SRI YOGENDRA S POOJARY, AGED ABOUT 68 YEARS S/O LATE SUNDARA POOJARY 3. SMT SHARADA POOJARTHI AGED ABOUT 62 YEARS D/O LATE SUNDARA POOJARY ALL ARE R/AT BADEJALU LINGI NIVAS HIRGANA VILLAGE KARKALA TALUK UDUPI DISTRICT - 576 117 …APPELLANTS (BY SRI. ASHOK KUMAR SHETTY K., ADVOCATE) AND: SMT. CHANDRU POOJARTHI (SINCE DECEASED) BY HER LEGAL REPRESENTATIVES SMT. S. INDIRA Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010084142023 NC: 2026:KHC:39902 RSA No. 322 of 2023 1A. AGED ABOUT 71 YEARS D/O LATE CHANDRU POOJARTHY R/AT BADJAL HOUSE HIRGANA VILLAGE KARKALA TALUK UDUPI DISTRICT - 576 117 1B. SRI SHEKAR POOJARY AGED ABOUT 68 YEARS D/O LATE CHANDRU POOJARTHY R/AT BADJAL HOUSE HIRGANA VILLAGE KARKALA TALUK UDUPI DISTRICT - 576 117 1C. SMT SUMATHI B AGED ABOUT 64 YEARS D/O LATE CHANDRU POOJARTHY R/AT BADJAL HOUSE HIRGANA VILLAGE KARKALA TALUK UDUPI DISTRICT - 576 117 1D. SRI RAVINDRA POOJARY AGED ABOUT 60 YEARS S/O LATE CHANDRU POOJARTHY R/AT BADJAL HOUSE HIRGANA VILLAGE KARKALA TALUK UDUPI DISTRICT - 576 117 (1D)1. PUSHPAVATHI POOJARY W/O RAVINDRA POOJARY AGED ADULT R/AT SANIDHYA NIVAS NELLIKATTE, HIRIYOORU POST KARKALA TALUK, UDUPI DISTRICT - 3 - HC-KAR CNR: KAHC010084142023 NC: 2026:KHC:39902 RSA No. 322 of 2023 (1D)2. VIKAS POOJARY S/O. LATE RAVINDRA POOJARY AGED ADULT R/AT SANIDHYA NIVAS NELLIKATTE HIRGAN POST KARKALA TALUK UDUPI DISTRICT (1D)3. NIRIKSHA POOJARY D/O. RAVINDRA POOJARY AGED ADULT R/AT SANIDHYA NIVAS NELLIKATTE HIRGAN POST KARKALA TALUK UDUPI DISTRICT 1E. SMT. SHASHIKALA S.K. AGED ABOUT 58 YEARS D/O LATE CHANDRU POOJARTHY R/AT BADJAL HOUSE HIRGANA VILLAGE KARKALA TALUK UDUPI DISTRICT - 576 117 2. SMT RATHNA POOJARTHI AGED ABOUT 85 YEARS D/O LATE PIJINA POOJARY W/O LATE DEJU KOTIAN R/AT B/37, ROOF TOP MAHAKALI CAVES ROAD ANDHERI (EAST) MUMBAI - 400 093 - 4 - HC-KAR CNR: KAHC010084142023 NC: 2026:KHC:39902 RSA No. 322 of 2023 3. SRI MUDDANNA POOJARY AGED ABOUT 88 YEARS S/O LATE PIJINA POOJARY R/AT BADEJALU LINGI NIVAS HIRGANA VILLAGE KARKALA TALUK UDUPI DISTRICT - 576 117 4. SRI ANANDA POOJARY AGED ABOUT 85 YEARS S/O LATE PIJINA POOJARY R/AT GANESH CO-OPERATIVE HOUSING SOCIETY, ROOM NO.5, SUBHAS NAGARA, BANDRA (EAST) MUMBAI - 400 051 SMT.LEELA POOJARTHI, (SINCE DECEASED) …RESPONDENTS (BY SRI. NAVEEN J.N., ADVOCATE FOR R2, R3 AND R1(A TO C), A1(E) AND R4 VIDE ORDER DATED 13.07.2026, APPEAL STANDS DISMISSED AS ABATED IN R/O R1(D)) THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 14.11.2022 PASSED IN RA.NO.49/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ACJM, KARKALA. ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 06.11.2015 PASSED IN O.S.NO.193/2010 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC KARKALA. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 5 - HC-KAR CNR: KAHC010084142023 NC: 2026:KHC:39902 RSA No. 322 of 2023 CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT 1. Having heard on merits of the matter and having noted the fact that without impleading the legal representatives the deceased first respondent before the First Appellate Court who was one of the appellants, the appeal stood disposed of is a nullity. 2. As such, the impugned judgment of the First Appellate Court needs to be set aside and the matter is to be remitted to the First Appellate Court for fresh disposal, in accordance with law. 3. The legal representatives who have been arrayed on record is permitted to be brought on record before the First Appellate Court after remand by the appellants. 4. As such, the following; ORDER (i) The appeal stands allowed. - 6 - HC-KAR CNR: KAHC010084142023 NC: 2026:KHC:39902 RSA No. 322 of 2023 (ii) Judgment of the First Appellate Court is set aside. The matter is remitted to the First Appellate Court for fresh disposal, in accordance with law. (iii) The appellants before the First Appellate Court are permitted to bring the legal representative of the deceased first respondent in this appeal before the First Appellate Court as per their original ranking. (iv) Parties shall appear before the First Appellate Court without further notice on 17.08.2026. (v) Thereafter, the First Appellate Court shall dispose of the matter as early as possible, but not later than 31.03.2027. Sd/- (V SRISHANANDA) JUDGE GH List No.: 1 Sl No.: 28