- 1 - NC: 2024:KHC-D:6421 RFA No. 100147 of 2018 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 16TH DAY OF APRIL, 2024 BEFORE THE HON'BLE MRS. JUSTICE M.G.UMA REGULAR FIRST APPEAL NO.100147/2018(DEC/INJ) BETWEEN: MRS. JACINTA W/O. JOSEPH FERNANDES, AGE: 58 YERS, OCC: LAND AND HOUSEHOLD WORK, R/O: ROOM NO.44, BUILDING NO.56, B. D. B. CLOCKS, WORLI, MUMBAI-18, REPRESENTED BY GPA HOLDER, SHRIDHAR S/O. AMRUTIRAO GHASARI, AGED ABOUT 47 EYARS, OCC:PRIVATE SERVICE, R/O: CTS NO.5518, PLOT NO.12, ’SAKALP BUILDING’, 6TH CROSS, SHASHTRI NAGAR, BELAGAVI – 590 002. …PETITIONER (BY MRS. JACINTA W/O. JOSEPH FERNANDES IS ABSENT) AND: 1. NORBERT FRANCIS MENEZES, AGED ABOUT 55 YEARS, OCC: PROPRIETOR "WHITE WATER LIVING", R/O: AMBELI ILAVA GRAM, POST:GANESHAGUDI, TQ:JOIDA, UTTAR KANNADA – 581 301. 2. MR. IGNATIUS CAJETAN BRAGANZA, S/O. LEO GRANSIS BRAGANZA, Digitally signed by MANJANNA E Location: High Court of Karnataka - 2 - NC: 2024:KHC-D:6421 RFA No. 100147 of 2018 AGED ABOUT 65 EYARS, OCC:BUSINESS, R/O: H. NO.A-1747, AGAV VADDO, CALANGUTE, BARDEZ, GOA. 3. THE TAHASILDAR JOIDA, DIST: UTTARA KANNADA – 581 301. 4. THE SUB-REGISTRAR HALIYAL, DIST:UTTAR KANNADA – 581 301. …RESPONDENTS (BY SRI RAMESH I. ZIRALI, AND SRI SHIVARAJ S. BALLOLI, ADVOCATE FOR R1; SRI VITTHAL S. TELI, ADVOCATE FOR R2; SRI P.N.HATTI, HCGP FOR R3 AND R4) THIS RFA IS FILED UNDER SECTION 96 R/W ORDER XLI RULE OF THE CODE OF CIVIL PROCEDURE, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 22.02.2018 PASSED BY THE SENIOR CIVIL JUDGE, HALIYAL IN O.S.NO.10/2017 OLD O.S.NO.38/2009 AND CONSEQUENTLY DISMISS THE SUIT IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING: - 3 - NC: 2024:KHC-D:6421 RFA No. 100147 of 2018 ORDER Learned counsel for the appellant has filed a memo seeking permission to retire from the case. He has enclosed the acknowledgement issued by the appellant, dated 25.03.2024 for having taken back the entire papers. Memo is accepted. Learned counsel for the appellant is permitted to retire from the case. Appellant called out absent. The appeal is of the year 2018. It appears that appellant is not interested in prosecuting the appeal. The appeal is dismissed for default i.e. for non prosecution. SD/- JUDGE AC/CT-ASC List No.: 1 Sl No.: 1