Karnataka High Court
Bruno Michael vs Mrs Kate Philips on 3 January, 2018
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 03RD DAY OF JANUARY 2018
BEFORE
THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR
R.F.A.No.591/2013
BETWEEN:
1.BRUNO MICHAEL
AGED 58 YEARS
2.EUGENE MICHAEL
AGED 50 YEARS
3.CLEMENT SURESH MICHAEL
AGED 45 YEARS
4.MRS SUSAN ARUNA
AGED 48 YEARS
5.MRS INDIRA ELIZABETH
AGED 49 YEARS
6.MRS MARY RACHAEL
AGED 42 YEARS
NOS. 1, 2 AND 3 ARE THE SONS AND
NOS.4, 5 AND 6 ARE DAUGHTERS OF
LATE SRI ALOYSIUS MICHAEL
NO.19, CAMPBELL ROAD
BANGALORE-560047.
7.MRS CARMEL
AGED 53 YEARS
WIFE OF SRI PREMKUMAR AND
2
DAUGHTER OF LATE SRI ALOYSIUS MICHAEL
NO.19, CAMPBELL ROAD
BANGALORE-560047
8.MRS CHRISTIANA
AGED 51 YEARS
WIFE OF SRI M MICHAEL AND
DAUGHTER OF LATE SRI GEORGE RAJENDRAN
NO.19, CAMPBELL ROAD
BANGALORE-560047
9.MRS CECELIA
AGED 46 YEARS
WIFE OF SRI DOMINIC SAVIO AND
DAUGHTER LATE SRI GEORGE RAJENDRAN
NO.19, CAMPBELL ROAD,
BANGALORE-560047
10.MRS PAMELA
AGED 43 YEARS
WIFE OF SRI SAGAYA RAJ AND
DAUGHTER LATE SRI GEORGE RAJENDRAN
NO.19, CAMPBELL ROAD,
BANGALORE-560047.
... APPELLANTS
(By Sri : KESTHUR N CHANDRA SHEKHER, ADVOCATE)
AND
1.MRS KATE PHILIPS
AGED 78 YEARS
WIFE OF MR W PHILLIPS AND
RESIDING AT NO. 46, 9TH CROSS
GURUMURTHY ROAD, R S PALYA
BANGALORE-560033
2.MR TERENCE
AGED 74 YEARS
3
SON OF LATE T A MICHAEL
RESIDING AT NO. 8
HIGH STREET CROSS
COOKE TOWN, BANGALORE
3.MRS SHEELA FICKER
MAJOR
WIFE OF MR ANDREW FICKER
DAUGHTER OF T A MICHAEL
RESIDING AT NO. 15/33
CAMBRIDGE ROAD CROSS
ULSOOR, BANGALORE-560008
4.MRS BYULA SELVARAJ
AGED 63 YEARS
WIFE OF I.SELVARAJ AND
DAUGHTER OF LATE T A MICHAEL
RESIDING AT D.IGNASIAPPA VILLA,
NO.49, KARAM CHAND LAYOUT
LINGARAJAPURAM,
BANGALORE-560034.
5.MRS EVA MANI,
SINCE DECEASED
BY LEGAL REPRESENTATIVE
A) S SUBRAMANI
AGED ABOUT 75 YEARS
B) MRS BRINDA ADIGED
MAJOR
DAUGHTER OF LATE MRS EVA
C) MRS SHARMILI
MAJOR
DAUGHTER OF LATE MRS EVA
D) MR PREM MANI
MAJOR
SON OF LATE MRS EVA
4
E) MRS MARIA
MAJOR
DAUGHTER OF LATE MRS EVA
5(A) TO (E) ARE RESIDING AT NO. 19
CAMPBELL ROAD,
AUSTIN TOWN, BANGALORE-560047
6.MRS PRAMILA
MAJOR
DAUGHTER OF MRS NOVAMANI DOSS
NO.19, CAMPBELL ROAD,
AUSTIN TOWN,
BANGALORE-560047
7.MR KUMAR
MAJOR
SON OF MRS NOVAMANI DOSS
NO.19, CAMPBELL ROAD
AUSTIN TOWN
BANGALORE-560047
8.MR ROY
SON OF LATE MRS NOVAMANI DOSS
SINCE DECEASED BY HIS
LEGAL REPRESENTATIVES
A) MRS ANGELINE
AGED 56 YEARS
WIFE OF MR ROY
B) MR NEIL
AGED 37 YEARS
SON OF MR ROY
C) MISS RUBINA
AGED ABOUT 32 YEARS
DAUGHTER OF MR ROY
5
8(A) TO (C) ARE RESIDING AT NO. 12
LRDE QUARTERS,
C V RAMAN NAGAR,
BANGALORE-47.
9.MRS VIMALA
MAJOR
DAUGHTER OF MRS NOVAMANI DAS
NO. 19, CAMPBELL ROAD,
AUSTIN TOWN,
BANGALORE-560047
10.MR JAIRAJ @ RAYMOND DOSS
MAJOR, SON OF MRS NOVAMANI DOSS
NO.19, CAMPBELL ROAD
AUSTIN TOWN
BANGALORE-560047
11.MRS GERALDINE KUMAR
MAJOR, DAUGHTER OF M RODGERS
NO.19, CAMPBELL ROAD
AUSTIN TOWN,
BANGALORE-560047
12.MR NOEL MICHAEL
SINCE DECEASED
REPRESENTED HEREIN BY
HIS LEGAL REPRESENTATIVES
A) ARJUN MICHAEL
MAJOR
SON OF NOEL MICHAEL
B).MISS NISHA MICHAEL
MAJOR
SON OF NOEL MICHAEL
12(A) AND (B) ARE RESIDING AT
C/O MR PERRIERA
RESIDING AT NO. 53,
XAVIER LAYOUT, BANGALORE-560047
6
13.MR AMBROSE,
SINCE DECEASED
REPRESENTED BY HIS
LEGAL REPRESENTATIVES
A) MRS A VICTORIA MARY,
AGED ABOUT 59 YEARS
WIFE OF J AMBROSE MICHAEL
B).MISS A MARIA GRAZIA MICHAEL
AGED ABOUT 38 YEARS
DAUGHTER OF J AMBROSE MICHAEL
C).MR A MARIO VIJAY MICHAEL
AGED ABOUT 36 YEARS
DAUGHTER OF J AMBROSE MICHAEL
D) MR A MARIA ROSELINE
AGED ABOUT 43 YEARS
SON OF J AMBROSE MICHAEL
E).MISS A MARIA AMALA
AGED ABOUT 31 YEARS
DAUGHTER OF J AMBROSE MICHAEL
F).MR A MELITO ARUN
AGED ABOUT 29 YEARS
DAUGHTER OF J AMBROSE MICHAEL
ALL PRESENTLY RESIDING AT NO.409
EAST ROAD, AUSTIN TOWN
BANGALORE-560047
14.MR DECRUZ MICHAEL
S/O LATE JOSEPH MICHAEL
AGED 67 YEARS
R/AT NO 19, CAMPBELL ROAD
AUSTIN TOWN,
BANGALORE 560047
7
15.MR LEONARD MICHAEL
AGED 60 YEARS
S/O LATE JOSEPH MICHAEL
R/AT ORANGE VALLEY KOVIL MADU
YERCAUD 636 601
TAMIL NADU
16.MR LAWRENCE
S/O LATE JOSEPH MICHAEL
AGED 50 YEARS
R/AT NO 19, CAMPBELL ROAD,
BANGALORE 560 047
17.MRS SHEELA
SINCE DECEASED
REPRESENTED BY HER
LEGAL REPRESENTATIVES
A) MR CHARANJIT RAM
S/O SRI DESHRAJ
AGED ABOUT 66 YEARS
B).MISS AUXILLA SANDHYA
AGED ABOUT 37 YEARS
D/O CHARANJIT RAM
C).MISS R V SHILPA JOSHI
AGED ABOUT 34 YEARS
D/O CHARANJIT RAM
D).MR AJAY KUMAR CYRIL
S/O CHARANJIT RAM
AGED ABOUT 32 YEARS
S/O CHARANJIT RAM
E).MR SANJAY KUMAR CYRIL
AGED ABOUT 30 YEARS
S/O CHARANJIT RAM
8
ALL ARE PERMANENTLY
R/AT NO G 342, 9TH CROSS,
HAL COLONY (QTS)
BANGALORE 560 017.
... RESPONDENTS
(By Sri : ARJUN REGO, ADV. FOR C/R1-R4
Sri : R.NATARAJ, ADV. FOR C/R1, R3, R4 AND R14)
THIS RFA FILED U/SEC.96, R/W O-XLI, RULE-1 OF
CPC, AGAINST THE JUDGMENT AND DECREE
DATED:05.01.2013 PASSED IN O.S.16034/2003 ON THE FILE
OF THE 28TH ADDL. CITY CIVIL JUDGE, MAYOHALL UNIT,
BANGALORE, DECREEING THE SUIT FOR PARTITION AND
SEPARATE POSSESSION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Counsel for appellants is absent. On 23.01.2017, one week time was granted for compliance of office objections. Since then, the office objections have not been complied with. Therefore, appeal is dismissed.
Sd/-
JUDGE DKB