Smt Joyce Rego vs Mrs Helen D Silva
2021 Latest Caselaw 1403 Kant

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 25TH DAY OF JANUARY, 2021

                       BEFORE

    THE HON'BLE MR. JUSTICE N.K.SUDHINDRARAO

                  R.F.A.No.1327/2019

BETWEEN:

SMT. JOYCE REGO
AGED ABOUT 54 YEARS,
W/O FELIX VINCENT REGO
GALAXY COTTAGE
NEAR KUDUPU BRIDGE
KUDUPU
MANGALURU - 575 001.               ..APPELLANT

(BY SRI M B CHANDRA CHOOD, ADVOCATE)

AND:

1 . MRS. HELEN D'SILVA
W/O LATE HENRY JEROME D'SILVA
AGED ABOUT 94 YEARS
R/AT HILL TOP HOUSE
OPP. EKANTH CASHEW FACTORY
PANCHAMAHAL, PADAVU VILLAGE
SHAKTHINAGAR,
MANGALURU - 575 016.

2 . SMT. BENEDICTA MENEZES
W/O LATE JEROME SALVADORE
D/O LATE HENRY JEROME D'SILVA
AGED ABOUT 72 YEARS
R/AT SUKHSAGAR FLAT NO.6
RIFLE RANGE, GHATKOPAL WEST
                           2


MUMBAI - 400 087.

3 . MR. NORBERT D'SILVA
S/O LATE HENRY JEROME D SILVA
AGED ABOUT 64 YEARS
R/AT HILL TOP HOUSE
OPP. EKANATH CASHEW FACTORY
PANCHAMAHAL, PADAVU VILLAGE
SHAKTHINAGAR,
MANGALURU - 575 016.

4 . IRENE D'SILVA
C/O JOYCE REGO,
AGED ABOUT 71 YEARS
R/AT NEAR KUDUPU BRIDGE
KUDUPU
MANGALURU - 575 001.

5 . ALEXANDAR D'SILVA
AGED ABOUT 69 YEARS
R/AT MAKHALE HOUSE
SHAKTHINAGAR POST
MANGALURU - 575 001.

6 . ZITA MENEZES
W/O ELIAS MANAZES,
AGED ABOUT 66 YEARS
R/AT 241/6253,
DEVAGIRI, PANTNAGAR
GHATKOPAL EAST
MUMBAI - 400 075.

7 . TEKLA ALLEN LOBO
AGED ABOUT 62 YEARS
R/AT ELITE, NEAR KUDUPU
BRIDGE KUDUPU
MANGALURU - 575 001.
REPRESENTED BY HER GPA
HOLDER MR.VINCENT VEIGAS
                               3


8 . FLAVY VEIGUS
W/O VINCENT VEIGAS
AGED ABOUT 54 YEARS
R/AT CHANDAPPADY,
VITTLA POST
BANTWAL TQ - 574 243.               ..RESPONDENTS


     THIS RFA IS FILED UNDER SECTION 96 OF THE CPC,
AGAINST THE JUDGMENT AND DECREE DATED 15.03.2019
PASSED IN O.S.No.354/2015 ON THE FILE OF THE I
ADDITIONAL SENIOR CIVIL JUDGE, MANGALURU, D.K.,
PARTLY DECREEING THE SUIT FOR PARTITION AND
SEPARATE POSSESSION.

    THIS RFA COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:


                       JUDGMENT

Learned counsel for appellant has filed a memo

seeking permission to withdraw the appeal with liberty

to file before the jurisdictional District Judge,

Mangaluru.

Memo is taken on record.

Appeal is dismissed as withdrawn with liberty to

file before the competent court.

Office is directed to return the certified copy of

the impugned order to the learned counsel for

appellant after retaining a copy of the same.

Sd/-

JUDGE

SBN