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High Court of Karnataka · body

2025 DAILYLAW 30775 (KAR)

MR V J CUTINHA v. MRS THERESA MENEZES

RSA/1762/2014 · 2025-03-19

Ravi V Hosmani

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:11538 RSA No. 1762 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE RAVI V HOSMANI REGULAR SECOND APPEAL NO. 1762 OF 2014 (SP) BETWEEN: MR. V.J. CUTINHA, S/O LATE A.F. CUTINHA, AGED ABOUT 69 YEARS, R/A NO.301, LIGHT HOUSE, CONDOMINIUM, L.H. ROAD, HAMPANAKATTA, MANGALORE - 575 001. …APPELLANT (BY MS. SHARANYA, ADVOCATE FOR SRI. CYRIL PRASAD PAIS, ADVOCATE) AND: 1. MRS. THERESA MENEZES, W/O LATE FRANCIS MENEZES, AGED ABOUT 68 YEARS, R/A BAJJODI, MAROLI, MANGALORE - 575 005. 2. MRS. RITA NORA RODRIGUES, W/O STEPHEN RODRIGUES, AGED ABOUT 47 YEARS, R/A DOOR NO.3-102/1, PREM NAGAR, BAJJODI POST, KULSHEKHAR, MANGALORE - 575005 …RESPONDENTS (BY SRI. ANANDA, ADVOCATE FOR R1; SRI. VIJAY KRISHNA BHAT, ADVOCATE FOR R2) Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:11538 RSA No. 1762 of 2014 THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 16.9.2014 PASSED IN R.A.NO.124/2010 ON THE FILE OF THE 2ND ADDL. SENIOR CIVIL JUDGE, MANGALORE, D.K, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 7.8.2010 PASSED IN O.S.NO.566/2005 ON THE FILE OF THE PRL. CIVIL JUDGE, MANGALORE, D.K. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE RAVI V HOSMANI ORAL CAV JUDGMENT Learned counsel for appellant submits that death of sole appellant was on 22.10.2021. A Memo dated 13.01.2023 was filed to that effect. Till date, steps are not taken. Hence, appeal is dismissed as abated. Sd/- (RAVI V HOSMANI) JUDGE VS List No.: 1 Sl No.: 18 CT: BHK