Karnataka High Court
Smt. Meena vs Rukmayya Poojary on 27 July, 2018
Author: P.S.Dinesh Kumar
Bench: P.S. Dinesh Kumar
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF JULY, 2018
BEFORE
THE HON'BLE MR. JUSTICE P.S. DINESH KUMAR
R.S.A. NO. 280 OF 2014 (PAR)
BETWEEN:
1. SMT. MEENA
AGED ABOUT 65 YEARS,
W/O. SHANTHARAMA,
2. SHAILAJA
AGED ABOUT 46 YEARS,
D/O. SHANTHARAMA,
3. PUSHPARAJ
AGED ABOUT 40 YEARS,
S/O. SHANTHARAMA,
4. GHANASHYAM
AGED ABOUT 39 YEARS,
S/O. SHANTHARAMA,
PETITIONERS Nos.1 TO 4 ARE
RESIDENT OF MRPL COLONY,
VIA. HALEYANGADI,
CHELAARU POST,
MANGALORE TALUK - 01.
5. SMT. MOHINI
AGED ABOUT 60 YEARS,
W/O. KRISHNAPPA,
2
6. KUMARI PUSHPA
AGED ABOUT 41 YEARS,
D/O. KRISHNAPPA,
7. GIRISH
AGED ABOUT 39 YEARS,
S/O. KRISHNAPPA,
PETITIONER Nos.5 TO 7 ARE
R/AT BAJAVU HOIGE HOUSE,
KUTTETTOORU VILLAGE,
MANGALORE - 01.
8. SMT. LALITHA
AGED ABOUT 22 YEARS,
D/O. SHEENA,
9. HEMANTH
AGED ABOUT 20 YEARS,
S/O. SHEENA,
10. HEMALATHA
AGED ABOUT 18 YEARS,
D/O. SHEENA,
PETITIONER Nos. 8 TO 10
ARE MAJORS
RESIDENT OF KRISHNAPURA,
KATIPALLA,
SURATHKAL - 01.
11. SMT. LAXMI
AGED ABOUT 55 YEARS,
W/O. SHANKAR,
12. BABY
AGED ABOUT 30 YEARS,
D/O. SHANKAR,
3
PETITIONER Nos.11 AND 12 ARE
R/AT C/O. VIJAYA, 2ND BLOCK,
KATIPALLA, KAIKAMBA POST,
SURATHKAL - 01.
13. PUSHPA
AGED ABOUT 68 YEARS,
W/O. RAGHU,
14. REVATHI
AGED ABOUT 42 YEARS,
D/O. RAGHU,
15. NARAYANA
AGED ABOUT 35 YEARS,
S/O. RAGHU,
16. ROHINI
AGED ABOUT 30 YEARS,
D/O. RAGHU,
17. MALATHI
AGED ABOUT 28 YEARS,
D/O. RAGHU,
18. TARANATH
AGED ABOUT 25 YEARS,
S/O. RAGHU,
19. ASHOK
AGED ABOUT 23 YEARS,
S/O. RAGHU,
PETITIONER Nos. 13 TO 19 ARE
RESIDING AT PALADKA HOUSE,
PALADKA POST, KADANDALE,
KARKALA TALUK - 01.
20. SMT. LEELA,
AGED ABOUT 62 YEARS,
D/O.VIJAYA,
4
21. KUMARI MANJULA
AGED ABOUT 39 YEARS,
D/O. VIJAYA,
22. MOHANDAS
AGED ABOUT 30 YEARS,
S/O. VIJAYA,
PETITIONER Nos.20 TO 22 ARE
R/AT 2ND BLOCK,
KATIPALLA, KAIKAMBA POST,
SURATHKAL - 01. ... APPELLANTS
(BY SRI VISHWAJITH RAI M., ADVOCATE)
AND:
1. RUKMAYYA POOJARY
AGED ABOUT 53 YEARS,
S/O. LATE MANJAPPU,
BAJAU HOIGE HOUSE,
KUTHETHOOR VILLAGE,
MANGALORE TALUK - 01.
2. PADMANABHA @ PADMA POOJARY
(SINCE DEAD) S/O SEETHU
BAJAVU HOIGE HOUSE,
KUTHETHOOR VILLAGE,
MANGALORE TALUK - 01.
(a) JINNAMMA POOJARTHI
AGED ABOUT 70 YEARS,
W/O. LATE PADMANABHA,
(b) VISHWANTHA
AGED ABOUT 60 YEARS,
S/O. LATE PADMANABHA,
5
(c) VASANTHA
AGED ABOUT 48 YEARS,
D/O. LATE PADMANABHA,
(d) RUKMINI
AGED ABOUT 46 YEARS,
D/O. LATE PADMANABHA,
(e) PUSHPA
AGED ABOUT 44 YEARS,
D/O. LATE PADMANABHA,
(f) LATHA
AGED ABOUT 41 YEARS,
D/O. LATE PADMANABHA,
(g) MADHAVA
AGED ABOUT 40 YEARS,
S/O. LATE PADMANABHA,
(h) YASHODHA
AGED ABOUT 38 YEARS,
D/O. LATE PADMANABHA,
RESPONDENT NO.2(a) TO (h) ARE
R/AT BAJAV HOIGE MANE,
KUTHETHOOR VILLAGE,
MANGALORE - 01.
(i) REKHA A POOJARY
AGED ABOUT 29 YEARS,
W/O. ANIL POOJARY,
R/AT 3RD FLOOR, ROOM NO.3,
MULUND, KISAN NAGAR,
GALLI NO.3,
BATAVADI, THANE-400 604
MAHARASHTRA
6
3. SRIDHARA
S/O. GOPALA,
AGED 50 YEARS,
R/AT MRPL COLONY,
VIA HALEYANGADY,
CHELARU POST,
MANGALORE TALUK - 01.
4. MUDDU
S/O. LATE SEETHU,
AGED 48 YEARS,
R/AT MRPL COLONY,
VIA HALEYANGADY,
CHELARU POST,
MANGALORE TALUK - 01. ... RESPONDENTS
THIS REGULAR SECOND APPEAL IS FILED UNDER
SECTION 100 OF CPC, AGAINST THE JUDGMENT AND
DECREE DATED 23.09.2013 PASSED IN R.A.NO.162/2004
ON THE FILE OF II ADDITIONAL SENIOR CIVIL JUDGE,
MANGALORE, D.K., DISMISSING THE APPEAL AND
CONFIRMING THE JUDGEMENT AND DECREE DATED
30.06.2004 PASSED IN O.S.NO.429/1999 ON THE FILE OF
2ND ADDITIONAL CIVIL JUDGE (JR.DN.), MANGALORE, D.K.
THIS REGULAR SECOND APPEAL COMING ON FOR
ORDERS THIS DAY, THE COURT DELIVERED THE
FOLLOWING:-
JUDGMENT
Sri Vishwajith Rai M., learned Advocate for the appellants has filed a memo of even date stating that the appeal may be dismissed as not pressed, as the parties have settled the matter. 7
Memo is taken on record. The appeal is dismissed as not pressed. No costs.
Sd/-
JUDGE ST