Mrs. Celine Patrao @ Celine Pinto vs Sri B S Sundar Ram Rai
2022 Latest Caselaw 5314 Kant

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  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 23RD DAY OF MARCH, 2022

                        BEFORE

           THE HON'BLE MR. JUSTICE R. NATARAJ

 REGULAR SECOND APPEAL NO.488 OF 2022 (INJ)

BETWEEN:

MRS. CELINE PATRAO @ CELINE PINTO,
D/O LATE SALVADORE CASMIR PATRAO,
AGED ABOUT 52 YEARS,
REPRESENTED BY HER GPA HOLDER,
MRS. ALVEENA PINTO @ ALVEENA D'SOUZA,
D/O LATE MR. JOHN HERBERT PINTO,
R/AT BUILDING NO.22, ROOM NO.24,
PARK SITE COLONY, VIKHROLI,
MUMBAI - 79.                               ...APPELLANT

(BY SMT.ELIZABETH RODRIGUES, ADVOCATE)

AND:

SRI. B.S. SUNDAR RAM RAI,
S/O B.S.SOMAPPA RAI,
AGED 77 YEARS,
R/AT DOOR NO.15-19-1072/1,
LOWER BENDOOR,
POST KANKANADY,
MANGALURU - 575 002.                     ... RESPONDENT

      THIS REGULAR SECOND APPEAL IS FILED UNDER
SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE
DATED 23.03.2020 PASSED IN RA.No.100/2016 ON THE FILE
OF THE III ADDITIONAL SENIOR CIVIL JUDGE AND ACJM,
MANGALURU, D.K., ALLOWING THE APPEAL AND SETTING
ASIDE THE JUDGMENT AND DECREE DATED 26.03.2016
PASSED IN OS No.737/2001 ON THE FILE OF THE PRINCIPAL
CIVIL JUDGE AND JMFC, MANGALURU, D.K.
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     THIS REGULAR SECOND APPEAL COMING ON FOR
ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

                      JUDGMENT

This appeal is filed against the judgment and decree

passed by the First Appellate Court in R.A.No.100/2016, by

which, the First Appellate Court allowed the appeal and

remitted the case back to the trial Court for fresh disposal.

The First Appellate Court has not decided the case on

merits. In view of Order XLIII Rule 1(u) of the Code of Civil

Procedure, this appeal is not maintainable.

2. Hence, the office-objection raised on regarding

maintainability is upheld.

The appellant is permitted to convert this Regular

Second Appeal into Miscellaneous Second Appeal.

For statistical purpose, this regular second appeal is

treated as closed.

Sd/-

JUDGE NR/-