Dismissed¶107

Smt. Subbu Poojarthy v. Smt. Manji Poojarthy

Karnataka HC7 Jul 2026RSA/421/2024

Case brief

AI extract

What is this about?

Karnataka High Court (Bengaluru), RSA No. 421 of 2024, decided 07.07.2026 by V Srishananda J; appeal under Section 100 CPC dismissed in limine for non-prosecution after no steps taken despite sufficient time; challenges R.A. No.2/2022 judgment dated 09.02.2023 (Senior Civil Judge, Kundapura) confirming OS.No.276/2013 decree dated 24.09.2021 (Principal Civil Judge and JMFC, Kundapura); appellants led by Smt. Subbu Poojarthy (adv. Smt. Sowkhya Patil for Sri. K. Shrihari); no law laid down; reference NC: 2026:KHC:34545.

What did the court decide?

The regular second appeal stands dismissed for non-prosecution, as till the date of hearing no steps had been taken despite sufficient time having been granted. ¶107

Smt. Subbu Poojarthy Vs Smt. Manji Poojarthy — Karnataka HC (2026) — LawSathi Research

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NC: 2026:KHC:34545 RSA No. 421 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 7^TH DAY OF JULY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 421 OF 2024 (PAR)

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BETWEEN:

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SMT. SUBBU POOJARTHY AGED 65 YEARS D/O LATE AMMAKKA POOJARTHY,

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BHASKAR POOJARY 44 YEARS

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SUDHAKAR POOJARY 40 YEARS

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SMT RENUKA 37 YEARS W/O VIJAYA POOJARY

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Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA

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MINOR DISHA 16 YEARS D/O SMT RENUKA REPRSENTED BY HER

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NEXT FRIEND AND NATURAL GUARDIAN SMT RENUKA

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SMT REVATHI AGED ABOUT 34 YEARS W/O RAJESHA POOJARY

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NC: 2026:KHC:34545 RSA No. 421 of 2024

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HC-KAR

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RESPONDENTS NO.2 TO 4 ARE ALL CHILDREN OF SMT SUBBU POOJARTHY

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ALL ARE R/A HIGHLUMANE, KANCHGOD, GUJJADI VILLAGE AND POST KUNDAPUR TALUK - 576 201.

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…APPELLANTS

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(BY SMT. SOWKHYA PATIL, ADVOCATE FOR SRI. K. SHRIHARI, ADVOCATE)

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AND:

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SMT. MANJI POOJARTHY AGED ABOUT 78 YEARS W/O LATE SHESHA POOJARY

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SMT GIRIJA POOJARTHY AGED ABOUT 59 YEARS

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BHAKARA POJARY AGED ABOUT 57 YEARS

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SMT. SHARADA POOJARY AGED ABOUT 54 YEARS

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SHEKHARA POOJARY AGED ABOUT 52 YEARS

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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

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3 - NC: 2026:KHC:34545 RSA No. 421 of 2024

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HC-KAR

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SMT. DOTTAMMA AGED ABOUT 83 YEARS W/O LATE LINGAPPA POOJARY

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KRISHNA POOJARY AGED ABOUT 58 YEARS

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SHEKHAR POOJARY AGED ABOUT 56 YEARS

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SMT SAROJA AGED ABOUT 53 YEARS

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RAGHU POOJARY AGED ABOUT 48 YEARS

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RESPONDENTS NO.8 TO 11 ARE CHILDREN OF LATE LINAGPPA POOJARY R/AT GOPALAKRISHNA SADANA, KATTU, HEMMADY VILLAGE AND POST KUNDAPURA TALUK - 576 201.

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SMT THUNGU POOJARTHY AGED ABOUT 68 YEARS W/O LATE BABU POOJARY

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SMT KUSUMA AGED ABOUT 48 YEARS

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SMT GIRIJA AGED ABOUT 46 YEARS

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SMT SAKHU AGED ABOUT 44 YEARS

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NC: 2026:KHC:34545 RSA No. 421 of 2024

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HC-KAR

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SMT INDIRA

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AGED ABOUT 42 YEARS

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SMT SHANTHA AGED ABOUT 40 YEARS

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KARUNAKARA POOJARY AGED ABOUT 38 YEARS

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RESPONDENTS NO.13 TO 18 ARE CHILDREN OF BABU POOJARY R/AT GURUKRUPA KATTU, HEMMADY VILLAGE AND POST KUNDAPURA TALUK - 576 201

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19. SMT SHARADA

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AGED ABOUT 56 YERS W/O NARASIMHA POOJARY D/O LATE AMMAKKA

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20. SMT SUJATHA

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AGED ABOUT 33 YEARS W/O. SANTHOSHA POOJARY

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21. SRAJANA

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14 YEARS REPRESENTED BY HIS MOTHER AND NATURAL GUARDIAN SMT SUJATHA

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SMT SULEKHA AGED ABOUT 31 YEARS W/O SURENDRA POOJARY

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5 - NC: 2026:KHC:34545 RSA No. 421 of 2024

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HC-KAR

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MINOR SUSEETH

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AGED ABOUT 10 YEARS REPRSENTED BY HIS MOTHER AND NATURAL GUARDIAN SMT SULEKHA

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SUDHIR POOJARY

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AGED ABOUT 30 YEARS

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SUNIL POOJARY AGED ABOUT 28 YEARS

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RESPONDENTS NO.20, 22, 24, 25 ARE ALL CHILDREN OF SMT. SHARADA

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RESPONDENTS NO.19 TO 25 ARE R/AT HANEHITHLU MANE HEMMADI VILLAGE AND POST KUNDAPURA TALUK - 576 201

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26. SMT SUSHEELA

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AGED ABOUT 54 YEARS W/O KAMALAKSHA POOJARY D/O LATE AMMAKKA

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SMT PRABHAVATHI

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AGED ABOUT 33 YEARS W/O MAHESH POOJARY

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MINOR MANVITH

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AGED ABOUT 10 YEARS REPRSENTED BY HIS MOTHER AND NATURAL GUARDIAN SMT PRABHVATHI

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6 - NC: 2026:KHC:34545 RSA No. 421 of 2024

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HC-KAR

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PRAVEEN POOJARY

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AGED ABOUT 32 YEARS

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PRADEEP POOJARY AGED ABOUT 30 YEARS

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NO.27, 29 AND 30 ARE ALL CHILDREN OF SMT. SUSHEELA

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RESPONDENTS NO.26 TO 30 ARE R/AT SHIVAKRUPA, KADGI COMPOUND MOODKERI, KUNDAPURA KASABA KUNDAPURA TALUK - 576 201

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RATHNAKARA POOJARY AGED ABOUT 43 YEARS S/O LATE AMMAKKA R/AT HANEHITHLUMANE KATTU, HEMMADI VILLAGE AND POST, KUNDAPURA TALUK - 576 201

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CHANDRA POOJARY

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AGED ABOUT 53 YEARS

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UDAYA POOJARY AGED ABOUT 51 YEARS,

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RAGHU POOJARY AGED ABOUT 49 YEARS,

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SAROJA POOJARTHY AGED ABOUT 47 YEARS,

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RESPONDENTS NO.32 TO 35 ARE CHILDREN OF LATE KUPPAYYA POOJARY

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NC: 2026:KHC:34545 RSA No. 421 of 2024

HC-KAR

36. SUBBA POOJARY

AGED ABOUT 46 YEARS

37. NAGARATHNA

AGED ABOUT 43 YEARS,

R36 AND R37 ARE CHILDREN OF LATE NARASIMHA POOJARY,

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ALL ARE R/AT HOLAMOGE, HAKLADY POST, KUNDAPURA TALUK - 576 201

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…RESPONDENTS

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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.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

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ORAL JUDGMENT

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Appeal came to be filed on 07.03.2024.

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NC: 2026:KHC:34545 RSA No. 421 of 2024

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