Mrs Lynette Fernandes vs Mrs Gertie Mathias
2023 Latest Caselaw 8910 Kant

Karnataka High Court

Mrs Lynette Fernandes vs Mrs Gertie Mathias on 29 November, 2023

Author: V Srishananda

Bench: V Srishananda

                                          -1-
                                                    NC: 2023:KHC:43242
                                                   RFA No. 709 of 2008




              IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                   DATED THIS THE 29TH DAY OF NOVEMBER, 2023

                                     BEFORE
                     THE HON'BLE MR JUSTICE V SRISHANANDA
                   REGULAR FIRST APPEAL NO.709 OF 2008 (RES)

              BETWEEN:
              MRS LYNETTE FERNANDES
              W/O C.G.F. FERNANDES
              AGED ABOUT 60 YEARS
              R/AT NO 41, CHARLES CAMP BELL ROAD
              COX TOWN, BANGALORE-5
                                                          ...APPELLANT
              (BY MRS. LYNETTE FERNANDES., ADVOCATE)

              AND:

              1.     MRS GERTIE MATHIAS
                     SINCE DEAD BY LRS

Digitally
              1(A) JANETTE MATHIAS,
signed by R        D/O RICHARD P MATHIAS
MANJUNATHA         AGED ABOUT 62 YEARS
Location:
HIGH COURT         RESIDING OPP TARANATH STORES
OF                 BEJAI KAPIKAD, MANGALORE 4
KARNATAKA

              2.     BENNET MATHIAS
                     S/O RICHARD MATHIAS
                     AGED ABOUT 60 YEARS
                     R/AT HIGHLANDS, CHURCH ROAD
                     BOLAR, MANGALORE 1
                                                       ...RESPONDENTS

              (BY SRI. N. RAJANNA., ADVOCATE FOR M/S. HOLLA AND
                  HOLLA, ADVOCATE FOR C/R2, R1(A) IS SERVED)
                             -2-
                                          NC: 2023:KHC:43242
                                         RFA No. 709 of 2008




      THIS RFA IS FILED U/S 96 OF THE CPC AGAINST THE
JUDGEMENT AND DECREE DT. 4.2.08 PASSED IN OS NO. 1/99
ON THE FILE OF THE III ADDL. DISTRICT & SESSIONS JUDGE,
D.K., MANGALORE, DISMISSING THE SUIT FOR PROBATE AND
ETC.,

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


                        JUDGMENT

The court notice issued to the appellant returned with

an endorsement "service insufficient" on account of correct

address of the appellant. The appellant was earlier

represented by Smt. Jyoti Mulimani, Advocate who has

been elevated as the Judge of this High Court.

2. By way of an abundant caution, this court

issued the court notice to the appellant. Since the court

notice has been returned with an endorsement as stated

supra, left with no alternative, appeal stands dismissed for

non-prosecution.

Sd/-

JUDGE

KLY