Smt Grace Aranha vs Mrs Louisa Pinto
2024 Latest Caselaw 369 Kant

Karnataka High Court

Smt Grace Aranha vs Mrs Louisa Pinto on 4 January, 2024

Author: Pradeep Singh Yerur

Bench: Pradeep Singh Yerur

                                              -1-
                                                            NC: 2024:KHC:451
                                                      RSA No. 1604 of 2016




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 4TH DAY OF JANUARY, 2024

                                           BEFORE
                      THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR
                     REGULAR SECOND APPEAL NO. 1604 OF 2016 (MON)
                   BETWEEN:

                   SMT. GRACE ARANHA,
                   D/O RAPHAL ARNHA,
                   AGED ABOUT 60 YEARS,
                   RESIDING AT BASENT COMPLEX,
                   KODIYAL BAIL,
                   MANGALURU - 575 003.
                                                                ...APPELLANT
                   (BY SRI. T. MOHANDAS SHETTY, ADVOCATE)
                   AND:

                   MRS. LOUISA PINTO,
                   W/O LATE GREGORY PINTO,
                   AGED ABOUT 80 YEARS,
                   R/AT LOURDS HOUSE,
                   FR. ALEXANDER DUBOIS,
                   3RD CROSS ROAD, KALPANE,
Digitally signed   KULSHEKAR, MANGALORE.
by CHAITHRA
P
Location: HIGH
                   REPRESENTED BY HER
COURT OF           GPA HOLDER
KARNATAKA          MISS MARRIET PINTO,
                   D/O LATE GREGORY PINTO,
                   R/AT LOURDS DUBOIS,
                   3RD CROSS ROAD, KALPANE,
                   KULSHEKAR,
                   MANGALORE - 575 005.
                                                              ...RESPONDENT
                   (BY SRI. CYRIL PRASAD PAIS, ADVOCATE)
                               -2-
                                             NC: 2024:KHC:451
                                        RSA No. 1604 of 2016




     THIS REGULAR SECOND APPEAL IS FILED UNDER
SECTION 100 OF CPC., 1908 AGAINST THE JUDGMENT AND
DECREE DATED 22.06.2016 PASSED IN RA.NO.38/2008 ON
THE FILE OF THE VI ADDITIONAL DISTRICT AND SESSIONS
JUDGE, D.K., MANGALURU PARTLY ALLOWING THE APPEAL
AND SETTING ASIDE THE JUDGMENT AND DECREE DATED
11.02.2008 PASSED IN OS.NO.205/1996 ON THE FILE OF THE
FIRST ADDITIONAL CIVIL JUDGE (SR.DN.), MANGALORE.

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

                          JUDGMENT

Learned counsel for appellant and learned counsel for

respondent are present.

2. Learned counsel for respondent files a memo dated

23.01.2023 affixing the copy of the death certificate of

respondent having died on 03.09.2022.

3. Despite receipt of copy of the memo and the memo

being filed to the Court, no steps are taken to bring the legal

representatives of deceased respondent on record.

Hence, by operation of law and efflux of time, the appeal

stands abated.

Sd/-

JUDGE

CPN CT:SNN