First appeal filed under Section 96/Order 41 Rule 1 CPC against a partition decree was dropped by appellant with permission to file afresh before the District Court due to recent amendments in pecuniary jurisdiction.
Withdrawal of the appeal was permitted with liberty to present the appeal before the jurisdictional District Court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:33196 RFA No. 912 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA REGULAR FIRST APPEAL NO. 912 OF 2024 (PAR)
BETWEEN:
SANJEEVA POOJARY, AGED ABOUT 86 YEARS, S/O LATE ANTHAYA POOJARY RESIDING AT: ADARSHA NILAYA, MAYADI, THENKABETTU POST, SALRNARA, UPPOOR, UDUPI TALUK AND DISTRICT-576 105.
…APPELLANT
(BY SMT. AKSHATA SHARMA, ADVOCATE)
AND:
Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA
RESPONDENT NO.1 TO 4 ARE ALL CHILDREN OF LATE APPANNA POOJARY RESIDING AT: NAYAMPALLI, SANTHEKATTE POST,
NC: 2024:KHC:33196 RFA No. 912 of 2024
UDUPI TALUK AND DISTRICT-576 105
R/AT C/O VASANTHINIVASA 6-83A, KALLAKANDA ROAD, POST NITTUR, UDUPDI TALUK UDUPI DISTRICT-576 103
RESPONDENT NOS. 6 TO 13 ARE THE CHILDREN OF LATE GOPI POOJARTHY.
RESIDING AT KELATHOTA, KUNJAL POST, HERANJE VILLAGE, UDUPI TALUK AND DISTRICT-576213
RESPONDENT NOS.14 TO 16 ARE THE CHILDREN OF LATE MAIRE POOJARTHY. RESIDING AT SRI. GURU DARSHAN, OPP. YELUR MOGAVEERA BHAVANA, MALPE POST, UDUPI TALUK AND DISTRICT-576 108.
AGED ABOUT 21 YEARS
RESPONDENT NO.17 IS THE WIFE OF LATE NARAYANA POOJARY S/O LATE MAIRE POOJARTHY WHILE RESPONDENT NO.18 AND 19 ARE THE CHILDREN OF LATE NARAYANA POOJARY S/O LATE MAIRE POOJARTHY.
RESIDING AT SRI. GURU DARSHAN,
OPP. YELURMOGAVEERA BHAVANA, MALPE POST, UDUPI TALUK
AND DISTRICT-576 108.
AGED ABOUT 79 YEARS W/O LATE PUTTA POOJARY
R/AT NEAR BILLAVA MAHAJANA SANGHA, BOLARGUDDE, SHANTHI NAGAR, UDYAVARA VILLAGE,
UDUPI TALUK AND DISTRICT-574 118.
RESPONDENT NOS. 21 TO 28 ARE THE
CHILDREN OF LATE PUTTA POOJARY. R/AT NEAR BILLAVA MAHAJANA SANGHA, BOLARGUDDE, SHANTHI NAGAR, UDYAVARA VILLAGE, UDUPI TALUK AND DISTRICT-574 118.
RESPONDENT NOS.29 TO 34 ARE ALL CHILDREN OF LATE SANNU POOJARTHY. R/AT NEAR BOBBARYA KATTE SHIVALLI VILLAGE, MOOD PERAMPALLI, POST MANIPAL, UDUPI TALUK AND DISTRICT-576 102.
NC: 2024:KHC:33196 RFA No. 912 of 2024
37. DILIP
AGED ABOUT 33 YEARS
RESPONDENT NOS. 35 AND 37 ARE THE CHILDREN OF LATE SUNDARA POOJARY S/O LATE SANNU POOJARY, R/AT NEAR BOBBARYA KATTE SHIVALLI VILLAGE, MOOD PERAMPALLI, POST MANIPAL,
UDUPI TALUK AND DISTRICT-576 102.
38. CHINNU POOJARTHY
AGED ABOUT 86 YEARS D/O LATE ANTHAYYA POOJARY R/AT KAKKUNJE, PADU PERAMPALLI, UDUPI DISTRICT AND TALUK-576 222.
RESPONDENT NOS. 40 TO 42 ARE THE
NC: 2024:KHC:33196 RFA No. 912 of 2024
CHILDREN OF LATE SHEENA POOJARY. R/AT NEAR HOTEL SUJATHA THOTTAM, BADANIDIYOOR, UDUPI TALUK AND DISTRICT-576 115.
43. AKHILA SHETTY S/O BALAKRISHNASHETTY
R/AT. NEAR PANCHAYATH OFFICE, SALMARA, KG ROAD, UDUPI TALUK AND DISTRICT-574 115.
…RESPONDENTS
THIS RFA IS FILED UNDER SEC.96 R/W ORDER 41 RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 22.08.2023 PASSED IN OS NO.90/2019 ON THE FILE OF II ADDITIONAL SENIOR CIVIL JUDGE AND ACJM, UDUPI., DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V SRISHANANDA
ORAL JUDGMENT
Memo dated 19.08.2024, is filed by the learned counsel for the appellant. Memo reads as under:
NC: 2024:KHC:33196 RFA No. 912 of 2024
"The undersigned Advocate for the appellant seeks permission of this Hon'ble Court to withdraw the above appeal with liberty to re-present the appeal before the jurisdictional district court i.e., in view of the recent amendment increasing the pecuniary jurisdiction of the District Court and as the appellants share is less than Rs.10 lakhs. Hence, this memo may be taken on record in the interest of justice and equity."
entries in the concerned Registers.
Sd/(V SRISHANANDA) JUDGE
JJ
List No.: 1 Sl No.: 21
1 provisions across 1 enactments
SANJEEVA POOJARY
SUMATHI POOJARTHY
RENUKA POOJARTHY
GEETHA POOJARTHY
JAYANTHI POOJARTHY
AKHILA SHETTY
V SRISHANANDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
