Karnataka High Court
Immanual D'Cunha @ Manual D'Cunha vs Mrs Jethrin D'Cunha on 1 June, 2012
Author: Anand Byrareddy
Bench: Anand Byrareddy
1
IN THE HIGH COURT OF KARNATAKA AT
BANGALORE
DATED THIS THE 01st DAY OF JUNE 2012
BEFORE
THE HON'BLE MR. JUSTICE ANAND BYRAREDDY
REGULAR FIRST APPEAL No.201 of 2003
BETWEEN:
Mr. Immanual D'Cunha @
Manual D'Cunha,
Son of Gregory D'Cunha,
Major,
Resident of B-10,
Shivaganga-1,
Vacola Pipe Line,
Santhacruz (E),
Mumbai - 55,
Now come down to Mangalore,
Resident of Tari Kambla,
Costa Villa, Bajpe Post,
Mangalore Taluk. ...APPELLANT
(By Shri. Pundikai Ishwar Bhat, Advocate [absent] )
AND:
1. Mrs. Jethrin D'Cunha,
Major,
Son of Leo D' Cunha,
Hosabettu House,
2
Near Matta,
Surathkal Post,
Mangalore Taluk,
Dakshina Kannada.
2. Mr. Alphonse D' Cunha,
Major,
Locary Chal,
Room No.9,
Opposite Group No.2,
Tagur Nagar,
Vicroli (E0, Mumbai.
3. Mr. Bona Sequeira,
Major,
4. Mrs. Felsy D'Souza,
Major,
5. Mr. Franklin Sequira,
Major,
6. Mr. Charles Sequira,
Major,
7. Mr. Micheal Sequira,
Major,
8. Mr. Bernad Sequira,
Major,
9. Mr. Dolphin Sequira,
Major,
3
10.Miss. Maggi Sequira,
Major,
11.Mr. Jokim Sequira,
Major,
12.Miss. Ida Sequira,
Major,
13.Mr. Edmund Sequira,
Major,
Respondents No.3 is
The husband and 4 to 13
Are the Children of
Late Florina D'Cunha,
All are residents of Maraka,
Palke House, Kinnigoli,
Mangalore Taluk,
PIN 574 150.
14.Mr.Tony P.D'Cunha,
Son of Late Stany D'Cunha,
Major,
Resident of Bajle House,
Tarikamala,
Bajpe Post,
Mangalore Taluk.
15.Mrs.Jacintha,
Major,
16.Mr.Albert Rebello,
Major,
4
17.Mr. Baptist @ Bapti Rebello,
Major,
18.Mrs. Rosy Rebello,
Major,
19.Mr. Benedicta Rebello,
Major,
Respondents 15 to 19 are
Children of late Rupina D'Cunha,
All are resident of Pinto Compound,
Ballanna House, Kateel,
Mangalore Taluk. ...RESPONDENTS
(By Shri. Vijaya Krishna Bhat.M, Advocate for Respondents No.1 and 2, 6 and 15
Respondent No.14 is served by way of affixture,
Respondents No.3, 4, 5, 7, 8, 9,10, 11, 12, 13, 16, 17, 18 and 19 are served and
unrepresented )
*****
This Regular First Appeal is filed under Section 96 of Code of Civil Procedure,
1908, against the order dated 31.8.2002 passed in O.S.No.10/1998 on the file of the III
Additional District Judge, Dakshina Kannada, Mangalore, dismissing the suit for
grant of letter of administration.
This Appeal coming on for Hearing, this day, the court delivered the following:
5
JUDGMENT
It is recorded by this court, by its order dated 19.3.2012, that the matter was heard at length and that this court was of the prima facie opinion that the appeal was liable to be dismissed. But, at the request of the learned Counsel for the appellant, that there is a possibility of settlement, the matter was referred to mediation. It transpires that the respondents had to travel from Mumbai to attend the mediation, but the appellant had abstained from participating at the mediation and thereafter, the matter has been sent back to this court.
Today, though the matter was called out several times, the learned Counsel for the appellant remains absent. Hence, the appeal is dismissed for non- prosecution.
SD/-
JUDGE nv