Mrs. Merilyn Gonsalves vs Annette Vaz
2023 Latest Caselaw 10180 Kant

Karnataka High Court

Mrs. Merilyn Gonsalves vs Annette Vaz on 11 December, 2023

                                                -1-
                                                           NC: 2023:KHC:45156
                                                      RSA No. 1910 of 2012




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 11TH DAY OF DECEMBER, 2023

                                             BEFORE

                            THE HON'BLE MR JUSTICE ASHOK S.KINAGI

                   REGULAR SECOND APPEAL NO. 1910 OF 2012 (INJ)

                   BETWEEN:

                   1.    MRS. MERILYN GONSALVES
                         W/O MARK GONSALVES
                         AGED ABOUT 45 YEARS

                   2.    IONA GONSALVES
                         AGED ABOUT 20 YEARS
                         D/O MARK GONSALVES &
                         MERILYN CONSALVES

                   3.    ELVIS GONSALVES
                         AGED ABOUT 18 YEARS
                         D/O MARK GONSALVES &
                         MERILYN GONSALVES

Digitally signed
by R DEEPA
                         ALL ARE RESIDING AT
Location: High           DOOR NO.17-18-1364 &
Court of
Karnataka                17-18-1364 &
                         17-18-1364A, "LITTLE COTE"
                         STURROCK ROAD
                         MANGALORE-1
                                                                ...APPELLANTS
                   (BY SRI. CYRIL PRASAD PAIS, ADVOCATE)

                   AND:

                   1.    ANNETTE VAZ
                         D/O LATE ENNA MARY
                         MAGDALENE GONSALVES
                             -2-
                                      NC: 2023:KHC:45156
                                    RSA No. 1910 of 2012




     AGED ABOUT 63 YEARS
     R/AT NO.33, VIOLETTE VILLE
     WEST AVENUE
     SANTA CRUZ (W)
     MUMBAI-400 054

2.   LAVINIA PAIS
     D/O LATE ENNA MARY
     MAGDALENE GONSALVES
     AGED ABOUT 60 YEARS
     R/AT B-5, REGENCY SPLENDOUR
     25 HALL ROAD, RICHARD TOWN
     BANGALORE-560 005

3.   OTILLIE D'SOUZA
     D/O LATE ENNA MARY
     MAGDALENE GONSALVES
     AGED ABOUT 59 YEARS
     R/AT 117, BLOCK-G,
     9TH STREET, ANNA NAGAR
     CHENNAI-600 102

4.   MR. MARL GONSALVES
     S/O LATE MATHEW LAWRENCE
     GONSALVES, AGED ABOUT 53 YEARS
     R/AT DOOR NO.17-18-1364 &
     17-18-1364A, "LITTLE COTE"
     STURROCK ROAD
     MANGALORE-1
                                         ...RESPONDENTS

(BY SRI. UDAY HOLLA, SR. ADVOCATE FOR
    SRI. VIVEK HOLLA, ADVOCATE FOR C/R & R1 TO R3
    V/O DATED 08.11.2012 NOTICE TP R4 IS D/W)

     THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 21.8.2012 PASSED IN
R.A.NO.36/2010 ON THE FILE OF THE III ADDL. SENIOR CIVIL
JUDGE & JMFC., MANGALORE, D.K, PARTLY ALLOWING THE
APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE
DATED 23.1.2010 PASSED IN O.S.NO.196/2006 ON THE FILE
OF THE II ADDL. CIVIL JUDGE (JR.DN) MANGALORE, D.K.
                              -3-
                                         NC: 2023:KHC:45156
                                      RSA No. 1910 of 2012




     THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:

                        JUDGMENT

The appellants and the respondents are present

before the Court and they are identified by their respective

counsel.

2. Learned counsel appearing for the parties filed

a joint memo stating that the appellants have undertaken

to vacate the suit schedule property, within two years

from today and also undertaken to pay Rs.6,00,000/-

towards full and final settlement.

3. Joint memo is placed on record.

Accordingly, the appeal is disposed of in terms of

joint memo.

Sd/-

JUDGE

SSB