Mrs Gracy Rebello vs Sri H Vijay Kumar
2023 Latest Caselaw 8339 Kant

Karnataka High Court

Mrs Gracy Rebello vs Sri H Vijay Kumar on 24 November, 2023

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                                                       NC: 2023:KHC:42592
                                                     RSA No. 1218 of 2008




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 24TH DAY OF NOVEMBER, 2023

                                          BEFORE
                            THE HON'BLE MR JUSTICE G BASAVARAJA
                        REGULAR SECOND APPEAL NO. 1218 OF 2008 (INJ)


                   BETWEEN:

                   1.    MRS. GRACY REBELLO,
                         MAJOR, W/O MAXIM REBELLO,
                         C/O ST.ANTONY CYCLE WORKS,
                         K.M.MARG, UDUPI TOWN,
                         SINCE DECEASED REPRESENTED BY HER L.R'S
                   1.(a) SRI. HAROLD REBELLO,
                         SON OF LATE GRACY REBELLO,
                         AGED 64 YEARS,
                         RESIDING AT ANCHORAGE, 2nd FLOOR,
                         ABOVE HDFC BANK, CENTRAL AVENUE,
                         CHEMBUR, MUMBAI - 400 071.
                   1.(b) SRI. DOLPHI REBELLO,
                         SON OF LATE GRACY REBELLO,
Digitally signed
by SANDHYA S             AGED 62 YEARS,
Location: High
Court of                 RESIDING AT NO.101 MANARCH,
Karnataka
                         2ND HASANABAD LANE,
                         SANTHACRUZ WEST, MUMBAI - 400 054.
                   1.(c) SRI. WILERED REBELLO,
                         SON OF LATE GRACY REBELLO,
                         AGED 60 YEARS, RESIDING AT 101,
                         WEST VIEW APARTMENT,
                         ST. ROQUE ROAD,
                         NEAR RELLEO APARTMENT,
                         BEHIND MEHABOOB STUDIO,
                         BANDRA WEST, MUMBAI - 400 050.
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                                      NC: 2023:KHC:42592
                                    RSA No. 1218 of 2008




1.(d) SRI. BONIFUS REBELLO,
      SON OF LATE GRACY REBELLO,
      AGED 55 YEARS,
      RESIDING AT POST HEMMADI,
      MOOVETHMUDY, KUNDAPURA TALUK,
      UDUPI - 576 249.
1.(e) SMT. MABLE D'SILVA,
      D/O LATE GRACY REBELLO,
      AGED 50 YEARS,
      RESIDING AT CARVAN COMMERCIAL COMLEX,
      TOP FLOOR, CHURCH ROAD,
      UDUPI - 576 101.
1.(f) SMT. PRAMILA VAZ,
      D/O LATE GRACY REBELLO,
      AGED 40 YEARS, RESIDING AT NO.B-54,
      TRISHNA DRUG,EMPLOYEES SOCIETY, GILBERT-HILL
      ROAD,ANDHERI WEST, MUMBAI - 400 058.
2.(g) SMT. SPENILLA REBELLO,
      D/O LATE GRACY REBELLO,
      AGED 40 YEARS,RESIDING AT POST HEMMADI,
      MOOVETHMUDY, KUNDAPURA TALUK,
      UDUPI - 576 249.
                                          ...APPELLANTS
(BY SRI. ZAHEER AHMED, ADVOCATE)

AND:

SRI. H. VIJAY KUMAR,
S/O LATE H.N.PADMANABHA RAO,
AGED ABOUT 51 YEARS,
RESIDING AT DOOR NO.9-4-44,
K.M. MARG, UDUPI.
                                          ...RESPONDENT
(BY SRI. PRASANNA V.R., ADVOCATE)
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                                         NC: 2023:KHC:42592
                                      RSA No. 1218 of 2008




     THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE
JUDGEMENT     &    DECREE    DT.27.2.2008  PASSED     IN
R.A.NO.111/2000 ON THE FILE OF THE PRL. CIVIL JUDGE
(SR.DN) AND CJM, UDUPI, DISMISSING THE APPEAL AND
CONFIRMING THE JUDGMENT AND DECREE DT.20.7.2000,
PASSED IN O.S.NO.103/1994, ON THE FILE OF THE PRL. CIVIL
JUDGE, (JR.DN), UDUPI AND ETC.,

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


                        JUDGMENT

Case called out.

2. Appellants' counsel absent.

3. Respondent's counsel present.

4. Despite sufficient opportunity provided to

the appellants, appellants are not interested in prosecuting

the case. Hence, the appeal is dismissed for non-

prosecution.

Sd/-

JUDGE SSD