Mrs Dyonisius Mary Dias vs Miss Rosy C Castelino @ Rosaline ...
2022 Latest Caselaw 7813 Kant

                            -1-
                                        M.F.A.No.6326/2014



IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 6TH DAY OF JANUARY 2016

                         BEFORE

         THE HON'BLE MR. JUSTICE H.G.RAMESH

MISCELLANEOUS FIRST APPEAL NO.6326/2014 (ISA)
BETWEEN:

MRS DYONISIUS MARY DIAS
D/O LATE ALBERT PIADADE CASTELINO
7600 HOLIDAY, DR.E., INDIANAPOLIS
IN 46260, U.S.A                              ... APPELLANT

(BY SRI B.R.RAGHAVENDRA, ADVOCATE,
 FOR SRI S.N.BHAT, ADVOCATE)

AND:

1.     MISS ROSY C. CASTELINO
       @ ROSALINE CASTELINO
       D/O LATE ALBERT PIADADE CASTELINO
       AGED ABOUT 73 YEARS
       PRESENTLY R/AT SUMMER HOUSE
       CHILIMBI - URVA
       MANGALORE - 575006

2.     MR WILLIAM DENIS CASTELINO
       S/O LATE ALBERT PIADADE CASTELINO
       56, WHITSTABLE ROAD
       FAVER SHAM, KENT
       ME 13, 8 DL. U.K

3.     MRS UNNETA THOMAS
       D/O LATE DANIEL CASTELINO
       2415, VINE STREET, 9 EL CENTRO
       CALIFORNIA, 92243
       U.S.A

4.     MR MAXIM CASTELINO
       S/O LATE DANIEL CASTELINO
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                                        M.F.A.No.6326/2014



     3198, GOLDEN ROAD DRIVE
     ROCHESTER HILLS, MICHIGAN
     48307, U.S.A

5.   MRS GENEVIEVE MERCHANT
     D/O LATE DANIEL CASTELINO
     31, CARPENTER PLACE,
     METUCHEN, NJ 08840
     U.S.A

6.   MR FLAVIAN CASTELINO
     S/O LATE DANIEL CASTELINO
     340, MILL ROAD
     APT. NO.706
     ETDBI COKE, ONTARIO
     M9C1Y8, CANADA

7.   MRS JUDITH MENEZES
     D/O LATE DANIEL CASTELINO
     P.B.NO.5674, ABU DHABI
     U.A.E                                 ....RESPONDENTS

(BY SRI MANMOHAN P.N., ADVOCATE FOR C/R1)

    THIS MFA IS FILED U/S 299 OF INDIAN SUCCESSION ACT,
AGAINST THE ORDER DATED:30.04.14 PASSED ON MIS.CASE
NO.37/2003 ON THE FILE OF THE III ADDITIONAL DISTRICT &
SESSIONS JUDGE, D.K., MANGALORE, ALLOWING THE PETITION
FILED U/S 263 OF INDIAN SUCCESSIONS ACT.

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

                     JUDGMENT

H.G.RAMESH, J. (Oral):

1. This appeal was presented on 22.09.2014. On

13.08.2015, this Court had granted two weeks' time to the

appellant for compliance of office objections raised on the

M.F.A.No.6326/2014

appeal. Again this court on 16.10.2015 granted two weeks'

time finally for compliance of office objections. The said

order reads as follows:

"Though advance list had been issued on 13.10.2015 intimating the appellant to comply with the office objections, otherwise the matter would be listed before the Court on 16.10.2015 i.e., today, so far office objections have not been complied with.

There is no representation for the appellant. However, in the ends of justice, finally two weeks time is granted to comply with the office objections."

2. Inspite of granting time finally, objections have not

been complied. The appeal is accordingly dismissed for

non-compliance of office objections.

Appeal dismissed.

Sd/-

JUDGE

HJ