- 1 - HC-KAR NC: 2026:KHC:27297 RSA No. 252 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL No.252 OF 2017 (PAR) BETWEEN: MR FRANCIS D COSTA S/O LATE BASIL D COSTA AGED ABOUT 41 YEARS R/AT MOODABIDRI, MARPADY VILLAGE, KARKALA TALUK-574 104. …APPELLANT (BY SRI DHANUSH D. RAJ, ADVOCATE FOR SRI P P HEGDE, SENIOR ADVOCATE) AND: 1. MR SYLVESTER D COSTA AGE MAJOR 2. SR BLEAN D COSTA AGED MAJOR 3. SR MARCELINE D COSTA AGED MAJOR 4. FLORINE D COSTA AGED MAJOR 5. FR CANTUE D COSTA AGED MAJOR 6. SR AUREA D COSTA AGED MAJOR Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27297 RSA No. 252 of 2017 7. SR GRACY D COSTA AGED MAJOR 8. SR PEARL D COSTA AGED MAJOR 9. SAVIO D COSTA AGED MAJOR 10. MR. VIVIAN D COSTA AGED MAJOR 11. MR. FELIX D COSTA AGED MAJOR RESPONDENT NOS.1 TO 11 ARE THE CHILDREN OF LATE BASIL D’ COSTA, AND RESPONDENT NO.8 TO 10 ARE THE CHILDREN OF LATE LEO D’ COSTA ALL ARE RESIDING AT MOODIBIDRI, MARPADI VILLAGE, KARKALA TALUK – 574 104. …RESPONDENTS (BY SRI SANATHKUMAR SHETTY K, ADVOCATE FOR R1; SMT.H.PAVITHRA, ADVOCATE FOR R3 TO R10; NOTICE TO R11 IS SERVED AND UNREPRESENTED) THIS RSA IS FILED UNDER SECTION 100 OF CIVIL PROCEDURE CODE, AGAINST THE JUDGMENT AND DECREE DATED 17.08.2016 PASSED IN R.A.NO.67/2008 ON THE FILE OF THE VI ADDL. DISTRICT AND SESSIONS JUDGE, D.K., MANGALURU, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DATED 18.03.2008 PASSED IN O.S.170/2005 ON THE FILE OF THE CIVIL JUDGE (SR.DN)AND ACJM, KARKALA. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:27297 RSA No. 252 of 2017 CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT Case called twice. None present on behalf of the appellant. 2. Sri P.P.Hegde, learned counsel has been designated as Senior Advocate. His junior advocate represented before the Court on the previous date and requested the Court that alternate arrangement is made by filing vakalath. 3. No such attempt is made. 4. Appeal is of the year 2017. Taking note of the same, appeal is dismissed for non prosecution. Sd/- (V SRISHANANDA) JUDGE kcm List No.: 2 Sl No.: 1