IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2019 BEFORE The Hon’ble Mr.Justice B.M.Shyam Prasad Regular Second Appeal No.2629 OF 2017 Between:
1. MRS. MONTHI FURTADO AGED ABOUT 82 YEARS, WIFE OF LATE F X FURTADO DOOR NO.25-11-660/2 SOUTERPET 1ST CROSS LEFT VALENCIA KANKANADY POST MANGALORE – 2.
2. CECILA D SOUZA AGED ABOUT 58 YEARS, WIFE OF PETER D SOUZA DOOR NO.25-11-660/2 SOUTERPET 1ST CROSS LEFT VALENCIA KANKANADY POST MANGALORE – 2.
3. MRS DENNIS D COSTA AGED ABOUT 54 YEARS, SON OF LATE LUCY D COSTA.
4. FRANCIS D COSTA AGED ABOUT 51 YEARS, DAUGHTER OF LATE LUCY D COSTA 3 AND 4 ARE RESIDING AT A-26 4TH SECTOR, H.M.T. COLONY JALAHALLI POST, BANGALORE – 13.
5. MRS LILLY REGO ALIAS D SOUZA WIFE OF GREGORY REGO AGED ABOUT 70 YEARS R/AT BEHIDN VEENA SHARADA SCHOOL, SHARAVATHI NAGAR SHIMOGA – 577 201.
... APPELLANTS (BY SRI. RAJARAM SOORYAMBAI., ADVOCATE (ABSENT)) And:
1. MRS. JACINTHA D’ SOUZA AGED ABOUT 65 YEARS DAUGHTER OF DENNIS D’ SOUZA.
2. MRS GRACY D’ SOUZA AGED ABOUT 63 YEARS DAUGHTER OF DENNIS D’ SOUZA.
3. MR RONALD D’ SOUZA AGED ABOUT 61 YEARS DAUGHTER OF DENNIS D’ SOUZA.
4. MR MICHEL D’ SOUZA AGED ABOUT 59 YEARS DAUGHTER OF DENNIS D’ SOUZA.
5. MR ALWYN D’ SOUZA AGED ABOUT 57 YEARS DAUGHTER OF DENNIS D’ SOUZA 1 TO 5 ARE RESIDING AT BEHIND ANGELORE CHURCH NAGORI MANGALORE – 2.
6. CELINE D SOUZA AGED ABOUT 57 YEARS WIFE OF LATE ROBERT D’ SOUZA.
7. ROHAN D’ SOUZA AGED ABOUT 21 YEARS SON OF LATE ROBERT D’ SOUZA 6 AND 7 ARE RESIDING AT MARIA PREMA GUDDE PADIL MANGALORE.
8. GRACY D’ SOUZA AGED ABOUT 32 YEARS, WIFE OF LATE LOUIS D’ SOUZA.
9. MRS VEENA D SOUZA AGED ABOUT 30 YEARS, DAUGHTER OF LATE LOUIS D’ SOUZA.
10. MR VINOD AGED ABOUT 27 YEARS, SON OF LATE LOUIS D’ SOUZA.
... RESPONDENTS THIS REGULAR SECOND APPEAL IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 03.02.2017 PASSED IN RA.NO. 103/2010, ON THE FILE OF THE III ADDL. DISTRICT AND SESSIONS JUDGE, D.K. MANGALORE, DISMISSING THE APPEAL AND CONFIRMING THE ORDER DATED 17.12.2009 PASSED ON IA NO.1 IN OS. NO. 175/2003 ON THE FILE OF THE II ADDL. CIVIL JUDGE (SR.DN), MANGALORE D.K. ALLOWING IA NO. 1 FILED UNDER ORDER 7 RULE 11 (d) OF CPC., FOR REJECTION OF PLAINT.
THIS REGULAR SECOND APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
Judgment None appears for the appellants. This Court on 16.10.2019 had adjourned the appeal granting two weeks time for compliance with the office objections subject to the condition that the appeal would be listed for dismissal if there is failure to comply with the office objections. Despite this peremptory order, the office objections have not been complied with. It is obvious that the concerned is not interested in prosecuting the appeal. Therefore, the appeal is dismissed for default.
SA Ct:sr Sd/- Judge