Mrs.Jacinta W/O. Joseph Farnandes vs Norbert Francis Menezes
2024 Latest Caselaw 10475 Kant

Karnataka High Court

Mrs.Jacinta W/O. Joseph Farnandes vs Norbert Francis Menezes on 16 April, 2024

                                           -1-
                                                 NC: 2024:KHC-D:6421
                                                    RFA No. 100147 of 2018




                 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                         DATED THIS THE 16TH DAY OF APRIL, 2024

                                        BEFORE

                           THE HON'BLE MRS. JUSTICE M.G.UMA

                     REGULAR FIRST APPEAL NO.100147/2018(DEC/INJ)


                BETWEEN:

                MRS. JACINTA
                W/O. JOSEPH FERNANDES,
                AGE: 58 YERS,
                OCC: LAND AND HOUSEHOLD WORK,
                R/O: ROOM NO.44, BUILDING NO.56,
                B. D. B. CLOCKS, WORLI, MUMBAI-18,
                REPRESENTED BY GPA HOLDER,
                SHRIDHAR S/O. AMRUTIRAO GHASARI,
                AGED ABOUT 47 EYARS,
                OCC:PRIVATE SERVICE,
                R/O: CTS NO.5518, PLOT NO.12,
                'SAKALP BUILDING', 6TH CROSS,
                SHASHTRI NAGAR, BELAGAVI - 590 002.
                                                              ...PETITIONER
Digitally
signed by       (BY MRS. JACINTA
MANJANNA E      W/O. JOSEPH FERNANDES IS ABSENT)
Location:
High Court of
Karnataka
                AND:

                1.    NORBERT FRANCIS MENEZES,
                      AGED ABOUT 55 YEARS,
                      OCC: PROPRIETOR
                      "WHITE WATER LIVING",
                      R/O: AMBELI ILAVA GRAM,
                      POST:GANESHAGUDI, TQ:JOIDA,
                      UTTAR KANNADA - 581 301.

                2.    MR. IGNATIUS CAJETAN BRAGANZA,
                      S/O. LEO GRANSIS BRAGANZA,
                                -2-
                                       NC: 2024:KHC-D:6421
                                         RFA No. 100147 of 2018




     AGED ABOUT 65 EYARS,
     OCC:BUSINESS,
     R/O: H. NO.A-1747, AGAV VADDO,
     CALANGUTE, BARDEZ, GOA.

3.   THE TAHASILDAR
     JOIDA,
     DIST: UTTARA KANNADA - 581 301.

4.   THE SUB-REGISTRAR
     HALIYAL,
     DIST:UTTAR KANNADA - 581 301.
                                                ...RESPONDENTS
(BY SRI RAMESH I. ZIRALI, AND
SRI SHIVARAJ S. BALLOLI, ADVOCATE FOR R1;
SRI VITTHAL S. TELI, ADVOCATE FOR R2;
SRI P.N.HATTI, HCGP FOR R3 AND R4)


      THIS RFA IS FILED UNDER SECTION 96 R/W ORDER XLI

RULE OF THE CODE OF CIVIL PROCEDURE, PRAYING TO SET

ASIDE    THE   JUDGMENT   AND        DECREE   DATED    22.02.2018

PASSED    BY    THE   SENIOR     CIVIL    JUDGE,      HALIYAL   IN

O.S.NO.10/2017 OLD O.S.NO.38/2009 AND CONSEQUENTLY

DISMISS THE SUIT IN THE INTEREST OF JUSTICE AND EQUITY.


      THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE

COURT DELIVERED THE FOLLOWING:
                                   -3-
                                         NC: 2024:KHC-D:6421
                                               RFA No. 100147 of 2018




                                ORDER

Learned counsel for the appellant has filed a memo

seeking permission to retire from the case. He has enclosed the

acknowledgement issued by the appellant, dated 25.03.2024

for having taken back the entire papers.

Memo is accepted.

Learned counsel for the appellant is permitted to retire

from the case.

Appellant called out absent. The appeal is of the year

2018. It appears that appellant is not interested in prosecuting

the appeal.

The appeal is dismissed for default i.e. for non

prosecution.

SD/-

JUDGE

AC/CT-ASC