IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR MISCELLANEOUS FIRST APPEAL No.9639 OF 2017 (ISA) BETWEEN:
1. Smt. Monthi Furtado, Aged about 82 years, W/o. Late F.X.Furtado, R/at Door No.25-11-660/2, Souterpet, 1st Croos Left, Valencia, Kankanady, Mangalore.
2. Mrs. Lucy D, Costa (Since dead) Aged 75 years, Christian, W/o. Late Joseph D Costa, R/at A-26, 3rd Sector, H.M.T. Colony, Jalahalli Post, Bengaluru-31.
2(a) Dennis D Costa, 2(b) Francis D Costa, Aged 54 and 51 years, Christain, Both Children of Late Lucy D Costa, Residing at A-26, 3rd Sector, H.M.T. Colony, Jalahalli Post, Bengaluru-31.
3. Mrs. Lilly Rego, Aged 70 years, Christian, W/o. Gregory Rego, R/at Behind Veena, Charada School, Sharavathi Nagar, Shimoga-577201.
A2 and A3 are represented by Their GPA holder Vincent Furtado S/o. Late F.X.Faurtado, R/at Kattalesar Post, Via Bajpe, Mangalore-574142.
…Appellants (By Sri. Rajarama Sooryambail, Advocate-Absent) AND:
1. Jacintha D Souza, 2. Gracy D Souza, 3. Ronald D Souza, 4. Michael D Souza, 5. Alwyn D Souza, All Christians, Aged 56, 51, 48, 45 and 42 years Respectively All Children of late Denis D Souza Residing behind Angelore Church Nagori, Mangalore, 6. Celine D Souza, 7. Master Rohan D Souza, No.6 is the wife and 7 is the sone of Late Robert D Souza, Both Residing at Mara Prema Gudde, Padil, Mangaluru.
No.6 is aged 53 years and No.7 is minor represented by His Mother/Natural Guardian, No.6 8. Gracy D’ Souza, 9. Mrs. Veena D’ Souza, 10. Mr. Vinod D’ Souza, No.8 is the wife and 9 and 10 are Children of Late Louis D’ Souza, Aged 58, 32 and 29 years Respectively Nos.8 to 10 are residing at 25-11-660/1, souterpet, 1st Left Cross, Valencia, Kankanady Post, Mangalore.
11. Cecila D’ Souza, Aged 65 years, Christian, W/o. Peter D’ Souza, Residing at Door No.25-11-660/1 Souterpet, 1st Cross Left, Velencia Kankanady, Mangalore.
... Respondents This MFA is filed under Section 299 of the Indian Succession Act, against the judgment and award dated 03.02.2017 passed on Mis. Case No.57/2011 on the file of the 3rd Additional District & Sessions Judge, D.K., Mangalore, dismissing the petition filed under Section 263 of the Indian Succession Act.
This MFA coming on for orders this day, the Court made the following:
ORDER The appellants’ counsel is absent. Order dated 26.04.2019 shows that four weeks time was granted for compliance of office objections. It was made clear that if the office objections are not complied within the time, the appeal shall be listed for dismissal. Office objections have remained without being complied with. Therefore appeal is dismissed.
Sd/- JUDGE KMV/-