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2026 DAILYLAW 37435 (KAR)

SMT JANAKI v. UMESH

RFA/1442/2019 · 2026-08-24

Rajesh Rai K

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010171862019 NC: 2026:KHC:45325 RFA No. 1442 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K REGULAR FIRST APPEAL NO. 1442 OF 2019 (PAR) BETWEEN: 1. SMT. JANAKI, W/O VASANTHA POOJARY, AGED ABOUT 60 YEARS, 2. PRIYA, D/O VASANTHA POOJARY, AGED 32 YEARS, 3. PRATHAP, S/O VASANTHA POOJARY, AGED 30 YEARS, APPELLANT NO.1 TO 3 ARE ALL R/AT SUVARNA SADANA, BOLIYA HOUSE, KUPPEPADAVU, MANGALORE, D.K.DISTRICT – 575 009. 4. SMT. SUMALATHA, W/O MOHAN AMIN, AGED 70 YEARS, R/AT NEAR ORIENTAL GARAGE, HOSPETE CIRCLE, SIRSI – 581 401. 5. SMT. SAROJINI, W/O LATE SADASHIVA, Digitally signed by ANNAPURNA G Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010171862019 NC: 2026:KHC:45325 RFA No. 1442 of 2019 AGED 68 YEARS, R/AT NEAR BADAGABELLURU SCHOOL, BADAGABELLURU VILLAGE AND POST, BANTWAL TALUK, D.K.DISTRICT – 574 219. 6. SMT. YASHASWATHI, W/O MOHANDAS, AGED ABOUT 63 YEARS, R/AT PAVULA HOUSE, VORKADY VILLAGE, KASARAGODU TALUK, KERALA DISTRICT – 689 652. 7. SMT. ARUNA, W/O LATE RAMADAS, AGED 47 YEARS, 8. KUM. POOJA, D/O LATE RAMADAS, AGED 25 YEARS, 9. KUM. POORNA, D/O LATE RAMADAS, AGED 21 YEARS, APPELLANT NO.7 TO 9 ARE ALL R/AT DAIVAKRUPA HOUSE, JANARDHANA NAGARA, JEPPU BPPAL, P.O KANKANADY, MANGALORE, D.K.DISTRICT – 575 003. 10. SUDHAKAR, S/O LATE RAMANI, AGED 52 YEARS, - 3 - HC-KAR CNR: KAHC010171862019 NC: 2026:KHC:45325 RFA No. 1442 of 2019 R/AT ARBI HOUSE, BADAGABELLURU VILLAGE AND POST, BANTWAL TALUK, D.K.DISTRICT – 574 219. 11. INDUSHEKHARA, S/O LATE SEETHA AND LATE KORAGAPPA POOJARY, AGED 61 YEARS, R/AT CHENNAITHODY HOUSE, CHENNAITHODY VILLAGE AND POST, BANTWAL TALUK, D.K.DISTRICT – 574 219. …APPELLANTS (BY SRI. RAVISHANKAR SHASTRY G., ADVOCATE) AND: 1. UMESH, AGED 47 YEARS, 2. MOHINI, AGED 44 YEARS, 3. JANARDHANA, AGED 42 YEARS, 4. YASHODA, AGED 40 YEARS, 5. PURANDHARA, AGED 38 YEARS, 6. LAXMI, AGED 36 YEARS, - 4 - HC-KAR CNR: KAHC010171862019 NC: 2026:KHC:45325 RFA No. 1442 of 2019 7. HEMAVATHI, AGED 34 YEARS, 8. GANGADHARA, AGED 32 YEARS, 9. LEELA, AGED 30 YEARS, RESPONDENTS NO.1 TO 9 ALL ARE CHILDREN OF LATE ANANDA POOJARY, R/AT CHEDTHIMARU HOUSE, JAKRIBETTU POST, BANTWAL KASABA VILLAGE, BANTWAL TALUK, D.K.DISTRICT – 574 211. 10. SMT. VASANTHI, W/O LATE VINOD, AGED 40 YEARS, 11. YASHWATH, S/O LATE VINOD, AGED ABOUT 19 YEARS, 12. KUM. YASHWINI, D/O LATE VINOD, AGED 15 YEARS, SINCE MINOR, REPRESENTED BY NEXT FRIEND, MOTHER THE RESPONDENT NO.10 RESPONDENTS NO.10 TO 12 ALL ARE R/AT CHEDTHIMARU HOUSE, JAKRIBETTU POST, BANTWAL KASABA VILLAGE, - 5 - HC-KAR CNR: KAHC010171862019 NC: 2026:KHC:45325 RFA No. 1442 of 2019 BANTWAL TALUK, D.K.DISTRICT – 574 211. 13. SMT. BHARATHI, D/O LATE SARASWATHI, AGED ABOUT 48 YEARS, R/AT CHEDTHIMARU HOUSE, JAKRIBETTU POST, BANTWAL KASABA VILLAGE, BANTWAL TALUK, D.K.DISTRICT – 574 211. 14. SMT. JAYA SHANKARI, W/O LATE RATNAKARA POOJARY, AGED 55 YEARS, R/AT CHEDTHIMARU HOUSE, JAKRIBETTU POST, BANTWAL KASABA VILLAGE, BANTWAL TALUK, D.K.DISTRICT – 574 211. 15. SMT. PUSHPALATHA, W/O SHAMBHU, AGED 65 YEARS, R/AT PUSHPA-DEEPA, PADU POST, BONDANTHILA VILLAGE, MANGALORE TALUK, D.K.DISTRICT – 575 017. 16. SMT. GUNAVATHI, W/O RAMESH N KARKERA, AGED 48 YEARS, R/AT SANTHRUPTHI, KADAMBODU KULAI, - 6 - HC-KAR CNR: KAHC010171862019 NC: 2026:KHC:45325 RFA No. 1442 of 2019 HOSABETTU POST, SURATHKAL, MANGALORE TALUK, D.K.DISTRICT – 575 019. 17. SMT. BEBI, D/O LATE SEETHA AND LATE KORAGAPPA POOJARY, AGED 58 YEARS, R/AT CHEDTHIMARU HOUSE, JAKRIBETTU POST, BANTWAL KASABA VILLAGE, BANTWAL TALUK, D.K.DISTRICT – 574 211. …RESPONDENTS (BY SRI. PRASANNA V R., ADVOCATE FOR C/R1 & R3; R2, R4 TO R7, R9 TO R12 AND R14; SRI.M.SUDHAKAR PAI, ADVOCATE FOR R13; R15 – PUSHPALATHA SERVED; R17 – BEBI SERVED; NOTICE TO R16 IS HELD SUFFICIENT R16- GUNAVATHI VIDE ORDER DATED 01.06.2026) THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 29.03.2019 PASSED IN OS.NO.18/2014 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC., BANTWAL, D.K, DISMISSING THE SUIT FOR PARTITION. - 7 - HC-KAR CNR: KAHC010171862019 NC: 2026:KHC:45325 RFA No. 1442 of 2019 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT In view of the judgment dated 08.07.2026 passed in W.P.No.17588/2024 c/w W.A.No.200260/2025 (GM-RES), by the Division Bench of this Court, which is affirmed by the Hon'ble Apex Court in Diary No.41232/2026 in SLP (C) No.025075/2026, this matter is required to be heard and disposed by the jurisdictional District Court. 2. Accordingly, Registry is directed to transmit the entire file including the trial Court records, if any, relating to the appeal to the jurisdictional District Court. 3. Interim order granted, if any, shall continue till further orders to be passed by the jurisdictional District Court. - 8 - HC-KAR CNR: KAHC010171862019 NC: 2026:KHC:45325 RFA No. 1442 of 2019 4. Accordingly, for statistical purpose, the appeal is disposed of. The parties shall appear before the jurisdictional District Court on 26.10.2026. Sd/- (RAJESH RAI K) JUDGE SPV List No.: 2 Sl No.: 1