Dismissed¶57

Sri Shankar Poojary v. Smt Kitti Poojarthi

Karnataka HC17 Sept 2025RFA/2316/2023

Case brief

AI extract

What is this about?

RFA No.2316 of 2023, High Court of Karnataka, dismissed for non-prosecution on 17.09.2025; appellant absent, counsel Sri Ajith A Shetty marked absent, office objections not complied with; peremptory order dated 19.09.2024 relied upon; appeal under Section 96 CPC against partition and separate possession decree dated 22.08.2023 in OS No.58/2018, II Additional Senior Civil Judge and ACJM, Udupi; Bench: Anu Sivaraman and Rajesh Rai K, JJ.; no precedent engaged, no monetary amount involved.

What did the court decide?

There is no appearance for the appellant. ¶54

Sri Shankar Poojary Vs Smt Kitti Poojarthi — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:39365-DB RFA No. 2316 of 2023

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH DAY OF SEPTEMBER, 2025

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PRESENT

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THE HON'BLE MRS. JUSTICE ANU SIVARAMAN

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AND

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THE HON'BLE MR. JUSTICE RAJESH RAI K REGULAR FIRST APPEAL NO. 2316 OF 2023 (PAR)

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BETWEEN:

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SRI. SHANKAR POOJARY S/O LATE GULLI AGED ABOUT 79 YEARS RESIDING AT: OLD BHARATH NAGAR H.P. EAST GATE, GURUMATTA CHAWL VASINAKA, MAHUL ROAD CHEMBOOR, MUMBAI-74

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…APPELLANT

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(BY SRI. AJITH A SHETTY, ADVOCATE-(ABSENT))

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AND:

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Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka

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SMT. KITTI POOJARTHI W/O MANGRA POOJARY AGED ABOUT 70 YEARS,

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SMT. SUMATHI POOJARTHI D/O MANGRA POOJRAY AGED ABOUT 53 YEARS

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SRI. VASANTH AMIN S/O MANGRA POOJARY AGED ABOUT 51 YEARS

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SMT. SUNANDA POOJARTHI D/O MANGRA POOJARY

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NC: 2025:KHC:39365-DB RFA No. 2316 of 2023

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HC-KAR

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AGED ABOUT 49 YEARS

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SMT. SUSHILA POOJARTHI D/O MANGRA POOJARY AGED ABOUT 47 YEARS

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SRI. SANTHOSH POOJARY S/O MANGRA POOJARY AGED ABOUT 45 YEARS

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SMT. SUNITHA POOJARTHI D/O MANGRA POOJARY AGED ABOUT 44 YEARS

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SRI. SATISH POOJARY S/O MANGRA POOJARY AGED ABOUT 41 YEARS

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SRI. KARUNAKAR M AMIN S/O MANGRA POOJRAY AGED ABOUT 39 YEARS

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RESPONDENTS No.1 TO 9 ARE RESIDENT OF KALATAMANE MATTAR POST, SHIRVA UDUPI - 576 116

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SRI. JAYA POOJARY S/O LATE POOVA POOJARY AGED ABOUT 64 YEARS

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SMT. PUSHPA POOJARTHI D/O LATE POOVA POOJARY AGED ABOUT 61 YEARS

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SMT. SULOCHANA POOJARTHI D/O LATE POOVA POOJARY AGED ABOUT 57 YEARS

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SRI. RAGHUNATH POOJARY S/O LATE POOVA POOJARY

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NC: 2025:KHC:39365-DB RFA No. 2316 of 2023

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HC-KAR

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AGED ABOUT 55 YEARS

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SMT. INDIRA W/O LATE RAMESH POOJARY AGED ABOUT 58 YEARS

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SRI. MANISH S/O LATE RAMESH POOJARY AGED ABOUT 25 YEARS

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SMT. NALINI POOJARY W/O LATE SANJEEVA POOJARY AGED ABOUT 65 YEARS

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SMT. USHA D/O LATE SANJEEVA POOJARY AGED ABOUT 50 YEARS

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SMT. UMA D/O LATE SANJEEVA POOJARY AGED ABOUT 48 YEARS

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SMT. JYOTHI D/O LATE SANJEEVA POOJARY AGED ABOUT 45 YEARS

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SMT. SUNDARI POOJARTHI D/O CHENNAYYA POOJARY AGED ABOUT 77 YEARS

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RESPONDENTS No.10 TO 20 ARE RESIDING AT SULLEDUMANE SHIRVA VILLAGE, SHIRVA POST MANCHAKAL, UDUPI - 576 116

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…RESPONDENTS

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THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 22.08.2023 PASSED IN OS. No.58/2018 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND ACJM, UDUPI,

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