Karnataka High Court
Vincent Rebello vs Louiza Pinto @ Rebello on 20 August, 2013
Author: H.G.Ramesh
Bench: H.G.Ramesh
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WP No.36116/2013
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 20TH DAY OF AUGUST 2013
BEFORE
THE HON'BLE MR.JUSTICE H.G.RAMESH
W.P.No.36116/2013(GM-CPC)
BETWEEN:
VINCENT REBELLO
AGED 60 YEARS
S/O LATE JOHN REBELLO
R/AT NEAR PINTO'S BAKERY
BEJAI CHURCH ROAD
MANGALORE-04 ... PETITIONER
(BY SRI K RAVISHANKAR, ADVOCATE)
AND:
1. LOUIZA PINTO @ REBELLO
AGED 77 YEARS
D/O LATE JOHN REBELLO AND
W/O LIGOURY PINTO
RESIDING IN " PEACE HEAVEN "
NEAR BUNTS HOSTEL
KADRI ROAD
MANGALORE-3
2. ALBERTO REBELLO
AGED 62 YEARS
S/O LATE JOHN REBELLO
R/AT COSMON ENCLAVE
KADRI ROAD
MANGALORE-3
3. JACINTHA PAIS @ REBELLO
AGED 56 YEARS
D/O LATE JOHN REBELLO AND
W/O RONALD PAIS
RESIDING AT 10-181-2
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WP No.36116/2013
UJJODY, KANKANADY POST
NEAR PUMP WELL
MANGALORE-2
4. IRENE PAIS @ REBELLO
AGED 53 YEARS
D/O LATE JOHN REBELLO AND
W/O PREM PAIS
R/AT A 601, ROSE GARDEN APARTMENTS
AREKERE GATE
BANNERGHATTA MAIN ROAD
BANGALORE-560 076
5. STANY REBELLO
AGED 75 YEARS
S/O LATE JOHN REBELLO
R/AT " ASHRAY"
NEAR BUNTS HOSTEL
KADRI ROAD
MANGALORE-03
6. LANCY REBELLO
AGED 60 YEARS
S/O LATE JOHN REBELLO
R/O 15-13-692-6
SHIVABAGH 1ST CROSS
KADRI, MANGALORE-2
7. ALWYN REBELLO
AGED 65 YEARS
S/O LATE JOHN REBELLO
R/AT " SHANTHI SAGAR",
KADRI TOLL GATE
MANGALORE-02
8. REV FATHER HENRY REBELLO SJ
AGED 73 YEARS
C/O LOUIZA PINO @ REBELLO
RA/T IN " PEACE HEAVEN"
NEAR BUNTS HOSTEL
KADRI ROAD
MANGALORE-03
9. PRAKASH D'SOUZA
AGED 44 YEARS
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WP No.36116/2013
S/O LATE STELLA D'SOUZA AND
GRANDSON OF LATE JOHN REBELLO
@ REBELLO BEING THE D/O
LATE JOHN REBELLO
RESIDING IN HOUSE NO.953
TIVAI VADDU, KALANGOTE
BADRI, GOA-403516
10. PRAMILA D SOUZA
AGED 39 YEARS
S/O LATE STELLA D'SOUZA @ REBELLO
AND GRAND DAUGHTER OF LATE JOHN REBELLO
RESIDING IN HOUSE NO.953
TIVAI VADDU, KALANGOTE
BADRI, GOA-403516
11. MRS. CYNTHIA LOBO @ PINTO
AGED 47 YEARS
D/O LIGOURY PINTO AND MRS. LOUIZA PINTO
W/O MR. MALCOLM LOBO
C/O LOUIZA PINTO @ REBELLO
R/AT " PEACE HEAVEN"
NEAR BUNTS HOSTEL
KADRI ROAD, MANGALORE-03 ... RESPONDENTS
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED
ORDER DT.26.7.2013 IN I.A.NO.VII PASSED IN O.S.NO.117/2011
(VIDE ANNX-A) PENDING ON THE FILE OF THE 2ND ADDITIONAL
SENIOR CIVIL JUDGE, MANGALORE D.K. AND ETC.
THIS W.P. COMING ON FOR PRELIMINARY HEARING THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
H.G.RAMESH, J. (Oral):
This writ petition is by the plaintiff and is directed against an interlocutory order dated 26.07.2013, wherein the trial Court has deferred consideration of the -4- WP No.36116/2013 application-IA No.VII filed by the petitioner-plaintiff. The said application was filed for deletion of issue No.1 and to amend issue No.2.
2. The impugned order reads as follows:
"Learned counsel for plaintiff filed application U/o 14 Rule 5 R/w 151 CPC IA No.VII. I.A.No.VII deferred since already issues are framed in conformity with the pleadings of both the parties to the suit. For P/E by 16.08.2013."
3. In my opinion, there is no justification in law for deferring consideration of the application-IA No.VII. It is appropriate for the trial Court to reconsider the matter and to pass a reasoned order on I.A.No.VII by referring to the facts stated in the memorandum of facts filed in support of the application-I.A.No.VII and after hearing the plaintiff's Counsel. Accordingly, I make the following order:
The impugned order dated 26.07.2013 deferring consideration of I.A.No.VII is set aside. The matter is remitted to the trial Court for reconsideration in -5- WP No.36116/2013 accordance with law. As this order is passed without issuing notice to the respondents, the respondents are at liberty to apply for recalling of this order, if they are aggrieved.
Petition disposed of.
Sd/-
JUDGE Yn.