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2026 DAILYLAW 11962 (KAR)

LEELA ANDRADE NEE COELHO v. MR LESLIE MARK MARIAN COELHO

RFA/1050/2019 · 2026-04-28

Anu Sivaraman, Tara Vitasta Ganju

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:23792-DB RFA No. 1050 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2026 PRESENT HON'BLE MRS. JUSTICE ANU SIVARAMAN AND HON'BLE MS. JUSTICE TARA VITASTA GANJU REGULAR FIRST APPEAL NO. 1050 OF 2019 BETWEEN: LEELA ANDRADE NEE COELHO D/O STELLA & GEORGE COELHO , W/O LANCELOT ANDRADE, AGED ABOUT 69 YEARS, AMBALPADY UDUPI, UDUPI TALUK-576 103. …APPELLANT (BY SRI. S.S.PARIKSHIT., ADVOCATE) AND: 1. MR. LESLIE MARK MARIAN COELHO, S/O STELLA & GEORGE COELHO, AGED ABOUT 64 YEARS, R/AT “EUDUN” H.NO.2-1-22, AMBALPADY, UDUPI -576 103. 2. LUVIZA COELHO D/O STELLA & GEORGE COELHO, AMBALPADY, UDUPI-576 103. R/AT 28, ILYA AVENUE BAY-VIEW HEIGHTS, NSW2104, SYDNEY, AUSTRALIA. 3. MRS. LORA SEQUEIRA NEE COELHO, D/O SELLA & GEORGE COELHO, AMBALPADY, UDUPI-576 103. R/AT 103, EUGENE APTS, LOURDES COLONY, ORLLEM MALAD (W), Digitally signed by SUMATHY KANNAN Location: HIGH COURT OF KARNTAKA - 2 - HC-KAR NC: 2026:KHC:23792-DB RFA No. 1050 of 2019 MUMBAI-400 064. 4. LOVEENA MENDONCA NEE COELHO, D/O STELLA & GEORGE COELHO, AMBALPADY, UDUPI-576 103. R/AT CATHERINE L.MENDONCA, NO.8, YANGALLA STREET, MARSFIELD, NSW-2122, SYDNEY, AUSTRALIA. …RESPONDENTS (BY SRI. ASHOK MESTA., ADVOCATE FOR SRI. SAMPATH ANAND SHETTY., ADVOCATE FOR R1) THIS RFA FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 05.02.2019 PASSED IN OS NO.43/2013 ON THE FILE OF THE PRL.SENIOR CIVIL JUDGE UDUPI DISMISSING THE SUIT FOR PARTITION AND SEPARATE POSSESSSION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN & HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) 1. Learned counsel appearing for the parties submit that the parties have entered into a settlement in the matter. A memo of withdrawal of the Regular First Appeal has been filed by the learned counsel for the appellant. The same is placed on record. - 3 - HC-KAR NC: 2026:KHC:23792-DB RFA No. 1050 of 2019 2. It is submitted that a payment of Rs.1,00,00,000/- (Rupees One Crore only) is tendered by the respondents to the appellant by way of a Demand Draft bearing No.977689 drawn on Union Bank of India dated 06.04.2026. The said Demand Draft has been handed over today by the respondents to the appellant and is acknowledged by the appellant in Court. 3. In the above view of the matter, the memo of withdrawal is accepted. Recording that an amount of Rupees One crore has been paid through Demand Draft by the respondents to the appellant, the appeal is dismissed as withdrawn. 4. The eligible Court fee shall be refunded to the appellant, on proper identification. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (TARA VITASTA GANJU) JUDGE KS List No.: 4 Sl No.: 1