Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:37305 RSA No. 672 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR.JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO.672 OF 2021 (PAR) BETWEEN:
WILFRED MATHIAS, AGED ABOUT 57 YEARS, S/O LATE LOUIS MATHIAS, R/AT INNANJE VILLAGE, SHANKARAPURA, UDUPI - 574 115. …APPELLANT
(BY SRI. WILFRED MATHIAS, APPELLANT - ABSENT)
AND:
1.
MARIA MATHIAS AGED ABOUT 85 YEARS, W/O LATE LOUIS MATHIAS
2.
LENA MACHADO AGED ABOUT 51 YEARS, D/O LATE LOUIS MATHIAS, R/AT INNANJE, SHANKARAPURA UDUPI - 574 115.
3.
JULIANA D’SOUZA AGED ABOUT 66 YEARS, W/O LEO D’SOUZA, DEVPRAYOG CO-OP HS. LTD., VEERA DESAI ROAD, III FLOOR, NO.33, FLAT, ANDHERI (WEST) MUMBAI – 54
Digitally signed by MADHUSHREE H Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:37305 RSA No. 672 of 2021
4.
FRANCIS MATHIAS AGED ABOUT 65 YEARS, S/O LATE LOUIS MATHIAS RESIDING AT BANTAKAL, UDUPI - 574 115. …RESPONDENTS
(BY SRI. S. K. ACHARYA, ADVOCATE FOR R2;
VIDE ORDER DATED 05.08.2025, NOTICE TO LRs OF DECEASED R3 IS DISPENSED WITH;
R4 IS SERVED & UNREPRESENTED)
THIS RSA IS FILED UNDER SECTION 100 OF CPC, PRAYING TO SET ASIDE THE JUDGMENT DATED 14.08.2020 PASSED IN RA.NO.59/2017 BY THE PRINCIPAL SENIOR CIVIL JUDGE AT UDUPI AND JUDGMENT AND DECREE DATED 29.07.2017 PASSED IN O.S.NO.495/2010 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE AND JMFC, UDUPI AND THEREBY DECREE THE PRESENT SUIT IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR ORDERS THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE V SRISHANANDA
ORAL JUDGMENT
After the Court permitting counsel for the appellant Sri.Ajith A. Shetty, to retire from the case, Court notice was issued to the appellant.
2. Court notice is duly served.
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HC-KAR NC: 2025:KHC:37305 RSA No. 672 of 2021
3. Appellant called out absent and he has not engaged any advocate to represent on his behalf.
4. Hence left with no alternative, appeal stands dismissed for non-prosecution.
Sd/- (V SRISHANANDA) JUDGE
MH/- List No.: 1 Sl No.: 10