Kerala High Court
Unknown vs Appellant/ First on 7 April, 2021
Author: A.Hariprasad
Bench: A.Hariprasad
RFA 83/2021 1/5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Present:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD
&
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
Wednesday,the 7th day of April 2021/17th Chaithra, 1943
For information purpose only
RFA No.83/2021
Against OS No.22/2017 of the SUB COURT,KOCHI
APPELLANT/ FIRST DEFENDANT
CLEARTON CARNEIRO,AGED 59 YEARS
S/O LATE JOSEPH CARNEIRO, 1/241A, DUTCH CEMETERY ROAD, FORT
KOCHI-682 001
BY ADVOCATES M/S B.KRISHNA MANI, DHANUJA M.S,
RESPONDENTS/ PLAINTIFFS AND 2ND DEFENDANT
1.DERICK JUDE CARNEIRO, AGED 52 YEARS
S/O. LATE JOSEPH, CARNEIRO, THE ANCHORAGE, 1/241, DUTCH CEMETERY
ROAD, FORTKOCHI-682 001, PRESENTLY RESIDING AT 6 YARRABURN
CLOSE, BENTLEIGH EAST , MELBOURNE, VIC 3165, AUSTRALIA.
2.WINNIE CARNEIRO, AGED 60 YEARS
W/O. LATE GERSON CARNEIRO, SEAGIFT, 1/242, DUTCH CEMETERY ROAD,
FORTKOCHI-682 001
3.CANDICE CARNEIRO,
D/O. LATE GERSON CARNIERO, AGED 36 YEARS, D/O. LATE GERSON
CARNEIRO, SEAGIFT, 1/242, DUTCH CEMETERY ROAD, FORTKOCHI-682 001,
PRESENTLY RESIDING AT 147 SHAVER AVE N. TORONTO, ONTARIO
M9B4N9 CANADA, REPRESENTED THROUGH DULY APPOINTED POWER OF
ATTORNEY WINNIE CARNEIRO.
4.NICHOLAS CARNEIRO,
S/O. LATE GERSON CARNEIRO, AGED 31 YEARS, SEAGIFT, 1/242, DUTCH
CEMETERY ROAD, FORT KOCHI-682 001, PRESENTLY RESIDING AT 66
OAKMOUT ROAD, TORONTO, ONTARIO M6P2M8 CANADA, REPRESENTED
THROUGH DULY APPOINTED POWER OF ATTORNEY, WINNE CARNEIRO.
5.ALBERT ANTHONY CARNEIRO, AGED 66 YEARS,
S/O. LATE JOSEPH CARNEIRO, THE ANCHORAGE, 1/241, DUTCH CEMETERY
ROAD, FORT KOCHI-682 001, PRESENTLY RESIDING AT AZURE 301, 9
REBELLIO ROAD, BANDRA WEST, MUMBAI 400 050.
RFA 83/2021 2/5
6.BERRNADETTE MENEZES, AGED 56 YEARS,
D/O. LATE JOSEPH CARNEIRO, THE ANCHORAGE, 1/241, DUTCH CEMETERY
ROAD, FORT KOCHI-682 001, PRESENTLY RESIDING AT SAI ASHISH, B/4
FIRST FLOOR, MAHAKALI CAVES ROAD, ANDHERI WEST, MUMBAI-400093
Advocate Sri. MUHAMMED ASLAM P.A.(Caveator-not present)
This Regular First Appeal having come up for orders on 07.04.2021, the Court on the same
day passed the following;
For information purpose only
RFA 83/2021 3/5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Present:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD
&
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
Wednesday,the 7th day of April 2021/17th Chaithra, 1943
For information purpose only
I.A . No: 1/2021 in RFA No.83/2021
Against OS No.22/2017 of the SUB COURT,KOCHI
PETITIONER/ APPELLANT
CLEARTON CARNEIRO,AGED 59 YEARS
S/O LATE JOSEPH CARNEIRO, 1/241A, DUTCH CEMETERY ROAD, FORT
KOCHI-682 001
RESPONDENTS/ PLAINTIFFS AND 2ND DEFENDANT
1.DERICK JUDE CARNEIRO, AGED 52 YEARS
S/O. LATE JOSEPH, CARNEIRO, THE ANCHORAGE, 1/241, DUTCH CEMETERY
ROAD, FORTKOCHI-682 001, PRESENTLY RESIDING AT 6 YARRABURN
CLOSE, BENTLEIGH EAST , MELBOURNE, VIC 3165, AUSTRALIA.
2.WINNIE CARNEIRO, AGED 60 YEARS
W/O. LATE GERSON CARNEIRO, SEAGIFT, 1/242, DUTCH CEMETERY ROAD,
FORTKOCHI-682 001
3.CANDICE CARNEIRO,
D/O. LATE GERSON CARNIERO, AGED 36 YEARS, D/O. LATE GERSON
CARNEIRO, SEAGIFT, 1/242, DUTCH CEMETERY ROAD, FORTKOCHI-682 001,
PRESENTLY RESIDING AT 147 SHAVER AVE N. TORONTO, ONTARIO
M9B4N9 CANADA, REPRESENTED THROUGH DULY APPOINTED POWER OF
ATTORNEY WINNIE CARNEIRO.
4.ALBERT ANTHONY CARNEIRO, AGED 66 YEARS,
S/O. LATE JOSEPH CARNEIRO, THE ANCHORAGE, 1/241, DUTCH CEMETERY
ROAD, FORT KOCHI-682 001, PRESENTLY RESIDING AT AZURE 301, 9
REBELLIO ROAD, BANDRA WEST, MUMBAI 400 050.
5.BERRNADETTE MENEZES, AGED 56 YEARS,
D/O. LATE JOSEPH CARNEIRO, THE ANCHORAGE, 1/241, DUTCH CEMETERY
ROAD, FORT KOCHI-682 001, PRESENTLY RESIDING AT SAI ASHISH, B/4
FIRST FLOOR, MAHAKALI CAVES ROAD, ANDHERI WEST, MUMBAI-400093
Application praying that in the circumstances stated in the affidavit filed
therewith the Hon'ble Court may be pleased to stay the final decree proceedings in O.S. No:
22/ 2017 before the Sub Court, Kochi, until the disposal of the Appeal.
RFA 83/2021 4/5
This application coming on for orders upon perusing the application and the
affidavit filed in support thereof, and upon hearing the arguments of
M/S B.KRISHNA MANI, DHANUJA M.S, Advocates for the petitioner and of
Advocate Sri. MUHAMMED ASLAM P.A.(Caveator-not present )
, the Court passed the following;
For information purpose only
A.HARIPRASAD & ZIYAD RAHMAN A.A., JJ.
------------------------------------- RFA No.83 of 2021
& I.A No.1 of 2021
------------------------------------- Dated this the 7th day of April, 2021 For information O R D E purpose R only A.Hariprasad, J, Admit. Notice.
It is pointed out by the learned counsel for the appellant that a lawyer, residing at Kalamassery has filed a caveat on behalf of the second defendant and his name appears in the daily list. When the matter is taken up, there is no representation for the second defendat. It is also pointed out that the copy of the relevant papers could not be served on the caveator because there is nobody to receive a notice on behalf of the second defendant.
I.A No.1 of 2021 :
There shall be an interim order of passing of final decree in O.S No.22 of 2017 before the court of Subordinate Judge, Kochi, for a period of six months.
A.HARIPRASAD, JUDGE ZIYAD RAHMAN A.A., JUDGE amk /true copy/ Sd/- ASSISTANT REGISTRAR