Karnataka High Court
Smt. Benny D'Souza vs Melwin D'Souza on 26 September, 2023
Author: H.P.Sandesh
Bench: H.P.Sandesh
-1-
NC: 2023:KHC:35224
RSA No. 196 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO. 196 OF 2022 (INJ)
BETWEEN:
1. SMT. BENNY D'SOUZA
W/O SRI ANTONY D'XOUZA
AGED ABOUT 65 YEARS
R/AT 3-34/17(1),
FATHIMA HILLS, PACHANADY
BONDEL, MANGALURU-575008
2. SRI OSWALD D'SOUZA
S/O LATE SIMON D'SOUZA
AGED ABOUT 60 YEARS
R/AT 3-34 (150)
FATHIMA HILLS,
PACHANADY, BONDEL,
MANGALURU-575 008
Digitally signed
by SHARANYA T
Location: HIGH 3. SMT. IRINE D'SOUZA
COURT OF
KARNATAKA D/O LATE SIMON D'SOUZA,
AGED ABOUT 52 YEARS
R/AT BISHOP'S COMPOUND,
VELANCIA, KANKANADY,
MANGALURU-575 002
SMT. JOSEPHINE D'SOUZA
\
(SINCE DECEASED REPRESENTED BY LR'S)
4. SRI STANISLAUS ALEX D'SOUZA
S/O JOSEPHINE D'SOUZA
AGED ABOUT 64 YEARS
R/AT 3-34 (15),
-2-
NC: 2023:KHC:35224
RSA No. 196 of 2022
FATHIMA HILLA,
PACHANADY, BONDEL,
MANGALURU-575 008
ALL ARE REP BY THEIR GPA HOLDER
SRI ANTONY D'SOUZA
S/O IRUDAYARAJ
AGED ABOUT 70 YEARS
R/AT 3-34(17),
FATHIMA HILLS,
PACHANADY, BONDEL
MANGALURU-575 008.
...APPELLANTS
(BY SRI PRASHANTH U.T., ADVOCATE)
AND:
1. MELWIN D'SOUZA
S/O LATE PAUL D'SOUZA
AGED ABOUT 52 YEARS,
R/AT PILIKUMERI HOUSE,
KADPU POST AND VILLAGE,
MANGALURU-575028.
2. SRI IVAN D'SOUZA
S/O LATE PAUL D'SOUZA
AGED ABOUT 50 YEARS
R/AT PILIKUMERI HOUSE,
KUDPU POST AND VILLAGE,
MANGALURU-575 028.
3. SMT BRIDGIT D'SOUZA
W/O LATE PAUL D'SOUZA
AGED ABOUT 82 YEARS
R/AT PILIKUMERI HOUSE,
KUDPU POST AND VILLAGE
MANGALURU-575028.
...RESPONDENTS
(BY SRI ROHITH GOWDA, ADVOCATE FOR C/R1 TO R3)
-3-
NC: 2023:KHC:35224
RSA No. 196 of 2022
THIS RSA IS FILED UNDER SECTION 100 OF CPC
AGAINST THE JUDGMENT AND DECREE DATED 21.01.2021
PASSED IN R.A.NO.144/2017 ON THE FILE OF THE II
ADDITIONAL SENIOR ICVIL JUDGE, AND CJM MANGALURU.D.K,
DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT
AND DECREE DATED 15.07.2017 PASSED IN O.S.NO.205/2011
ON THE FILE OF THE I ADDITIONAL CIVIL JDUGE AND JMFC,
MANGALORU D.K.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The Junior counsel for appellants submits that the senior counsel is engaged in this matter and his cousin brother passed away yesterday. Hence, he left Bengaluru to attend the cremation.
2. On perusal of the order sheet, earlier also the junior counsel for appellants sought for time and this Court has granted time and made it clear that if the counsel for appellants does not appear in the next date of hearing, the appeal will be dismissed for non prosecution.
3. Having perused the records, the suit is dismissed by the Trial Court and against the dismissal of the suit, an appeal was filed before the appellate Court -4- NC: 2023:KHC:35224 RSA No. 196 of 2022 and the appeal also dismissed by imposing cost of Rs.10,000/- in favour of the defendant.
4. The appellants have filed the present second appeal against the said order and no ground is made out to entertain this present second appeal. The First Appellate Court considered the same on merits and confirmed the judgment of the Trial Court and the appellate Court has only imposed the aforesaid cost having considered the case of appellant and against the said order, the present second appeal is filed. Hence, the second appeal is also dismissed as there are no grounds to entertain the same.
Sd/-
JUDGE RHS List No.: 1 Sl No.: 79