Smt Violet D'Souza vs Mr. Pius D'Souza
2023 Latest Caselaw 9399 Kant

Karnataka High Court

Smt Violet D'Souza vs Mr. Pius D'Souza on 5 December, 2023

                                      -1-
                                                 NC: 2023:KHC:43943
                                                 MSA No. 52 of 2023




              IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                   DATED THIS THE 5TH DAY OF DECEMBER, 2023

                                    BEFORE
                      THE HON'BLE MR JUSTICE R. NATARAJ
               MISCELLANEOUS SECOND APPEAL NO. 52 OF 2023
            BETWEEN:

            SMT. VOILET D' SOUZA NEE SEQUIERA
            D/O LATE MARK SEQUIERA,
            AGED ABOUT 56 YEARS,
            R/AT KAVERIKATTE,
            DARBE, PUTTUR 574 202.

                                                    ...APPELLANT
            (BY SRI.SHRIVATSA, ADV., FOR
            SRI.NARASIMHA RAJESH K S., ADV.,)

            AND:

            MR. PIUS D' SOUZA,
            S/O LATE PAUL D' SOUZA,
            R/AT 4-47, NEAR SAINT SEBASTIAN PRAYER HALL,
Digitally   4TH BLOCK,
signed by   KRISHNAPURA, SURATHKAL,
SUMA
Location:   MANGALORE 575 011.
HIGH
COURT OF
KARNATAKA                                           ...RESPONDENT

                 THIS MSA FILED U/S 100 OF CPC PRAYING TO SET ASIDE
            THE ORDER DATED 09.11.2022 PASSED BY THE PRL. SENIOR
            CIVIL JUDGE AND CJM. MANGALURU ON M.A.NO.16/2021 AND
            THE ORDER DATED 01.10.2020 PASSED BY THE IV ADDL.
            CIVIL JUDGE & J.M.F.C., MANGALORE IN MIS. CASE. NO.
            14/2017 AND CONSEQUENTLY, O.S.NO.961/2015 ON THE FILE
            OF IV ADDL. CIVIL JUDGE AND J.M.F.C., MANGALORE BE
            RESTORED.

                THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
            COURT DELIVERED THE FOLLOWING:
                             -2-
                                        NC: 2023:KHC:43943
                                        MSA No. 52 of 2023




                       JUDGMENT

Learned counsel for the petitioner has filed memo to

withdraw the appeal and sought liberty to file the appeal

before the appropriate Authority.

2. Memo is placed on record.

3. In view of the memo, the appeal is dismissed

as withdrawn. Liberty is reserved to the appellant to file

an appeal before the appropriate Court in accordance with

law. The time consumed in pursuing this appeal shall be

deducted while calculating the limitation as may be

applicable to any proceeding that may be initiated by the

appellant before any other Authority.

Sd/-

JUDGE

PSJ