Miss. Rejina Rebello vs Francis Kutinha
2023 Latest Caselaw 9524 Kant

Karnataka High Court

Miss. Rejina Rebello vs Francis Kutinha on 6 December, 2023

                                               -1-
                                                         NC: 2023:KHC:44310
                                                      RSA No. 1848 of 2014




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 6TH DAY OF DECEMBER, 2023

                                            BEFORE

                            THE HON'BLE MR JUSTICE ASHOK S.KINAGI

                         REGULAR SECOND APPEAL NO. 1848 OF 2014
                                      (DEC/INJ)
                   BETWEEN:

                   MISS. REJINA REBELLO
                   AGED ABOUT 67 YEARS,
                   D/O LATE GREGORY REBELLO,
                   R/AT H.NO.2-43, PERNAL POST,
                   PILAR VILLAGE, VIA SHIRVA
                   UDUPI TQ & DIST. - 576 101.
                                                               ...APPELLANT

                   [BY MISS. REJINA REBELLO, APPELLANT (ABSENT)]

                   AND:

                   1.    FRANCIS KUTINHA
                         S/O LATE AGASTIN KUTINHA
Digitally signed         AGED ABOUT 55 YEARS,
by SUNITHA               R/AT PERNAL POST
GANGARAJU                PILAR VILLAGE, VIA SHIRVA
Location: High           UDUPI TQ & DIST - 576 101
Court of
Karnataka
                   2.    FRANCIS IGNATIUS D'SOUZA
                         S/O LATE LAZARUS @ LADRU D SOUZA
                         AGED ABOUT 56 YEARS,
                         R/AT PERNAL POST,
                         PILAR VILLAGE, VIA SHIRVA
                         UDUPI TQ & DIST. - 576 101

                         ELIZABETH LUCY NAZARETH
                         (SINCE DECEASED)
                           -2-
                                        NC: 2023:KHC:44310
                                   RSA No. 1848 of 2014




3.   PASCAL ALAN NAZARETH
     S/O LATE ELIZABETH LUCY NAZARETH
     & LATE PASCAL AMBROSE NAZARETH
     MAJOR
     R/AT NO.2, WARE ROD,
     FRASER ROAD,
     BANGALORE - 560 038

     JOHN ANTHONY MOHAN NAZARETH
     (SINCE DECEASED)

4.   PHILOMENA NAZARETH
     W/O JOHN ANTONY MOHAN NAZARETH
     MAJOR
     R/AT NO.2, WARE ROD,
     FRASER ROAD,
     BANGALORE - 560 038

5.   RAHUL
     S/O JOHN ANTONY MOHAN NAZARETH
     MAJOR
     R/AT NO.2, WARE ROAD
     FRASER ROAD,
     BANGALORE - 560 038

6.   SIDDHARATH
     S/O JOHN ANTHONY MOHAN NAZARETH
     MAJOR
     R/AT NO.2, WARE ROAD,
     FRASER ROAD,
     BANGALORE - 560 038

7.   MARGARATE ALVA
     D/O LATE ELIZABETH LUCY NAZARETH
     & LATE PASCAL AMBROSE NAZARETH
     MAJOR
     R/AT NO.2, WARE ROAD
     FRASER ROAD,
     BANGALORE - 560 038
                                           ...RESPONDENTS

(BY SRI. L.P.E. REGO AND ARJUN REGO, ADVOCATE FOR R3)
                              -3-
                                           NC: 2023:KHC:44310
                                         RSA No. 1848 of 2014




     THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 22.9.2014 PASSED IN
R.A.NO.33/2011 & 36/2011 ON THE FILE OF THE PRL.
DISTRICT JUDGE, UDUPI, PARTLY ALLOWING THE RA
NO.33/2011 AND DISMISSING THE RA NO.36/2011 AND
SETTING ASIDE THE JUDGMENT AND DECREE DATED
21.6.2011 PASSED IN O.S.NO.12/1999 ON THE FILE OF THE
ADDL. SENIOR CIVIL JUDGE, UDUPI.

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

                          JUDGMENT

This appeal was filed on 16.12.2014 through the

counsel. The learned counsel for the appellant was

elevated as judge of this Court. Thereafter Court notice

was issued to the appellant. Inspite of service of Court

notice, the appellant has remained absent and not paid

the deficit Court fee. It seems that the appellant is not

interested in prosecuting the appeal. Accordingly, the

appeal is dismissed for non-compliance of office

objections.

Sd/-

JUDGE

SKS