Sri Maurice Crasta vs Sri Dennis Crasta
2022 Latest Caselaw 1000 Kant

                             1



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 21ST DAY OF JANUARY, 2022

                          BEFORE

           THE HON'BLE MR. JUSTICE R. NATARAJ

REGULAR SECOND APPEAL NO.1413 OF 2011 (PAR & DEC)
                      C/W
     REGULAR SECOND APPEAL NO.1414 OF 2011

BETWEEN:

SRI. MAURICE CRASTA,
S/O.SRI ANTONY CRASTA,
AGED ABOUT 73 YEARS,
CRASTA COMPOUND,
NEAR MANGALADEVI TEMPLE,
MANGALORE - 575 001.
                                         ... APPELLANT
                                             (COMMON)

(BY SRI. B.L.ACHARYA, ADVOCATE)


AND:

1.     SRI. DENNIS CRASTA,
       S/O LATE ELIAS CRASTA,
       AGED ABOUT 47 YEARS,
       R/AT.INTRU MONTIERO COMPOUND,
       NEAR EASCIA HIGH SCHOOL,
       MARNAMIKATTA,
       MANGALORE - 1.

2.     SMT. ALICE CRASTA,
       W/O.LATE THOMAS CRASTA,
       AGED ABOUT 72 YEARS,
       R/AT.LAVISTA, JEPPU BAPPAL,
       2ND CROSS,
       MANGALORE - 575 001.
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3.    SMT. SUSHELLA,
      D/O.LATE THOMAS CRASTA,
      AGED ABOUT 47 YEARS,
      R/AT.SHEELA BAGH,
      KADRI TOLLGATE, KADRI,
      MANGALORE - 575 001.

4.    SRI. SUNIL,
      S/O.LATE THOMAS CRASTA,
      AGED ABOUT 46 YEARS,
      R/AT.SCHLUM BARGER,
      P.O.BOX NO.8746,
      ABABIAN GULF,
      DOHA, QATAR.

5.    SMT. SUNITHA,
      D/O.LATE THOMAS CRASTA,
      AGED ABOUT 44 YEARS,
      R/AT.LAVISTA, JEPPU BAPPAL,
      2ND CROSS,
      MANGALORE - 575 001.

6.    SMT. SONIA,
      D/O.LATE THOMAS CRASTA,
      AGED ABOUT 42 YEARS,
      R/AT.LAVISTA, JEPPU BAPPAL,
      2ND CROSS,
      MANGALORE - 575 001.

7.    SMT. VINITHA D'MELLO,
      D/O.LATE THOMAS CRASTA,
      AGED ABOUT 40 YEARS,
      R/AT.LAVISTA, JEPPU BAPPAL,
      2ND CROSS,
      MANGALORE - 575 001.
                                        ... RESPONDENTS

(COMMON)

(BY SRI. R.I.D'SA, ADVOCATE FOR C/R2 TO R7; SRI. PUNDIKAI ISHWARA BHAT, ADVOCATE FOR R1)

IN REGULAR SECOND APPEAL NO.1413/2011 IS FILED UNDER SECTION 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 21.2.2011 PASSED IN R.A.NO.66/2009 ON THE FILE OF THE III ADDL. SENIOR CIVIL JUDGE & JMFC., MANGALORE, D.K., ALLOWING THE APPEAL AND MODIFYING THE JUDGMENT AND DECREE DATED 3.6.2009 PASSED IN O.S.NO.901/1993 ON THE FILE OF THE I ADDL. CIVIL JUDGE (JR.DN) MANGALORE.

IN REGULAR SECOND APPEAL NO.1414/2011 IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 21.02.2011 PASSED IN R.A.NO.67/2009 ON THE FILE OF THE III ADDL. SENIOR CIVIL JUDGE & JMFC., MANGALORE, D.K., DISMISSED THE APPEAL AND MODIFYING THE JUDGMENT AND DECREE DATED 3.6.2009 PASSED IN O.S.NO.901/1993 ON THE FILE OF THE I ADDL. CIVIL JUDGE (JR.DN) MANGALORE.

THESE APPEALS COMING ON FOR ORDERS ON BEING SPOKEN TO, THROUGH VIDEO CONFERENCE AT DHARWAD BENCH, THIS DAY THE COURT MADE THE FOLLOWING:

COMMON JUDGMENT

The common/joint compromise petition dated

21.12.2021 filed on 22.12.2021 in both these appeals is

accepted. Consequently, both the appeals stand disposed

off in terms of the common/joint compromise petition

dated 21.12.2021.

Office is directed to draw a common decree in both

the appeals based on the common compromise petition

dated 21.12.2021.

Sd/-

JUDGE

SMM