- 1 - HC-KAR NC: 2026:KHC:18198 RSA No. 323 of 2010 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 02ND DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL No.323 OF 2010 (PAR) BETWEEN: SRI STEPHEN CASTELINO AGED 65 YEARS, S/O LATE DAVID CASTELINO, R/AT KAMMANGUNDI, KARKALA KASBA VILLAGE, KARKALA TALUK, UDUPI DISTRICT. SINCE DEAD REPRESENTED BY LEGAL REPRESENTATIVES 1(a) SMT. IRENE CASTELINO AGED ABOUT 59 YEARS W/O STEPHEN CASTELINO RESIDENT OF KAMMANGUNDI KARKALA KASABA VILLAGE KARAKALA TALUK – 574 104 UDUPI DISTRICT 1(b) SABITA ASHOK COUTINHO AGED ABOUT 38 YEARS D/O STEPHEN CASTELINO RESIDENT OF FLAT NO.109, CITY POINT MARKANDI CHIPLUN RATNAGIRI DISTRICT MAHARASHTRA – 415 605 1(c) ALWIN ROSHAN CASTELINO AGED ABOUT 33 YEARS Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:18198 RSA No. 323 of 2010 NEAR RAMASAMUDRA DANASHALE ROAD KARKALA – 574 104 1(d) JANET D SOUZA WIFE OF STEVE AUSTIN DSOUZA AGED ABOUT 30 YEARS RESIDENT OF WOLTEN COMPOUND JODUKATTE MIYAR POST AND VILLAGE KARKALA – 574 107 …APPELLANT (BY SRI S.NAYAN KUMAR AND SRI N DINESH RAO, ADVOCATES) AND: 1. DOMINIC CASTELINO AGED 68 YEARS, D/O LATE DAVID CASTELINO, R/O SIDDHARTH BUILDING NO.10, FLAT NO.703, SIDDHARTH NAGAR, ST. JOSEPH NAGAR MEERA ROAD THANE, MUMBAI. 2. FRANCIS CASTELINO, AGED ABOUT 62 YEARS, S/O LATE DAVID CASTELINO, R/O C-22, DEEPTHI APARTMENT, GREEN VIEW, NEW PALACE ROAD, KOLHAPUR. 2(a) SHRIGETTA FRANCIS AGED ABOUT 58 YEARS W/O FRANCIS CASTELINO 2(b) GLENN FRANCIS CASTELINO AGED ABOUT 28 YEARS - 3 - HC-KAR NC: 2026:KHC:18198 RSA No. 323 of 2010 S/O FRANCIS CASTELINO 2(c) GAVIN FRANCIS AGED ABOUT 28 YEARS S/O FRANCIS CASTELINO 2(a) to 2(c) ARE RESIDENTS OF HR 1/308, HARI POOJA PURAM NAGALA PARK NEXT TO KHANVIKAR PETROL PUMP KOLAPURA -416 003 3. RAYMOND PINTO @ WALTER, AGED ABOUT 63 YEARS, 4. IVAN PINTO, AGED ABOUT 63 YEARS, 5. BRAN PINTO AGED ABOUT 59 YEARS, 6. MISS LIDWIN PINTO AGED ABOUT 57 YEARS, 7. MISS MARY CASTELINO AGED ABOUT 55 YEARS, RESPONDENTS 3 TO 6 ARE CHILDREN OF LIZA CASTELINO AND RESIDENT OF NATASHA LADIES BEAUTY PARLOUR, SHOP NO.1, CERZERO APARTMENT, PREMIER ROAD, KURLA, MUMBAI- 400 070. 8. ALICE FUTADO, AGED ABOUT 73 YEARS, RESIDENT OF BEHIND CORPORATION BANK, SHIRVA MANCHKAL, UDUPI TALUK – 576 101. …RESPONDENTS - 4 - HC-KAR NC: 2026:KHC:18198 RSA No. 323 of 2010 (BY SRI K SHASHIKANTH PRASAD, ADVOCATE FOR R1; R2(A), (B), (C), R3, R4, R5 TO R8 ARE SERVED; VIDE ORDER DATED 01.04.2026, APPEAL AGAINST R1 IS DISMISSED AS ABATED) THIS RSA IS FILED UNDER SECTION 100 OF CODE OF CIVIL PROCEDURE AGAINST THE JUDGMENT AND DECREE DATED 17.11.2009 PASSED IN R.A.NO.51/2006 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT, KARKALA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 5.12.2005 PASSED IN O.S.NO.72/2003 ON THE FILE OF THE II ADDL. CIVIL JUDGE (JR.DN) KARKALA. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT Heard Sri S.Nayan Kumar, advocate for Sri N.Dinesh Rao, learned counsel for the appellants. 2. In the case on hand, since no steps are taken to bring the legal representatives of deceased respondent No.1 on record, appeal stood dismissed as abated against the said respondent. 3. Respondent No.2 is the plaintiff No.2. Other respondents are co-defendants. 4. Since the decree under challenge is an inseparable decree, dismissal of the appeal as abated insofar as first - 5 - HC-KAR NC: 2026:KHC:18198 RSA No. 323 of 2010 respondent is concerned would equally operate against respondent No.2 as well. 5. Learned counsel for the appellants does not dispute the fact that the decree under challenge is inseparable between plaintiff Nos.1 and 2. 6. Accordingly, the whole appeal abates and is dismissed as abated without answering the substantial questions of law. Sd/- (V SRISHANANDA) JUDGE kcm List No.: 1 Sl No.: 81