- 1 - HC-KAR CNR: KAHC010368662020 NC: 2026:KHC:45454 RFA No. 1709 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR REGULAR FIRST APPEAL No. 1709 OF 2020 (RES) BETWEEN: 1. MARK MONTERO AGED ABOUT 66 YEARS. 2. ROBERT MONTERI AGED ABOUT 51 YEARS. 3. MEBUL MONTERO AGED ABOUT 42 YEARS. 4. DORA MONTERO AGED ABOUT 35 YEARS. No.1 TO 4 ARE PERSON OF UNSOUND MIND REPRESENTED BY THEIR GUARDIAN BROTHER WALTER MONTERO AGED ABOUT 59 YEARS S/O LATE FERANCIS MONTERO R/AT PANNADKA HOUSE KALLIGE POST AND VILLAGE BANTWAL TALUK D.K. DISTRICT-574 129. 5. MR. WALTER MONTERO AGED ABOUT 59 YEARS S/O LATE FRANCIS MONTERO R/AT PANNADKA HOUSE KALLIGE POST AND VILLAGE Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010368662020 NC: 2026:KHC:45454 RFA No. 1709 of 2020 BANTWAL TALUK D.K. DISTRICT-574 129. …APPELLANTS (BY SRI. PRASANNA V R & LAKSHMI DEVI K, ADVOCATE) AND: 1. SRI FRANCIS MONTERO SINCE DEAD BY HIS LRS VICTORIA D’SOUZA W/O BEN D’SOUZA AGE: MAJOR R/AT VISHWAS HOUSE, VIRAJE, KALLIGE POST, BANTWAL TALUK D.K. DISTRICT-574 219. 2. FLORIN D’SOUZA W/O VALARIAN D’SOUZA AGE MAJOR R/AT MAJI HOUSE VOLIYAR POST VIA KURNAD MANGALORE TALUK D.K. DISTRICT-574 153. 3. JOHN MONTHERO S/O LATE FRANCIS MONTHERO AGE MAJOR, SERVING AT HOUSE KEEPING DEPT S.C.S. HOSPITAL MANGALORE D.K. DISTRICT-575 002. 4. GRETTA LEENA D’SOUZA C/O VICTORIA D’SOUZA W/O BEN D’SOUZA R/AT VISHWAS HOUSE, VIRAJE KALLIGE POST, BANTWAL TALUK D.K. DISTRICT-574 219. - 3 - HC-KAR CNR: KAHC010368662020 NC: 2026:KHC:45454 RFA No. 1709 of 2020 5. SRI JERFY MONTERO AGED ABOUT 70 YEARS S/O LATE MARCEL MONTERO R/AT THODAMBILA HOUSE KALLIGE POST, BANTWAL TALUK D.K. DISTRICT-574 219. 6. MR. RICHARD MONTERO AGED ABOUT 68 YEARS S/O MICHEL MONTERO R/AT KINNIBETTU HOUSE AMTADY VILLAGE BANTWAL TALUK D.K. DISTRICT-574 211. 7. MR. GODWIN D’COSTA S/O BERNA D’COSTA AGED ABOUT 39 YEARS R/AT IRODI HOUSE KUKKIPADY VILLAGE MAVINAKTTE, BANTWAL TALUK D.K. DISTRICT-574 237. 8. HERALD JOHN MONTERO S/O JORGE MONTERO AGED ABOUT 60 YEARS R/AT DEN NIVAS, AMTADY VILLAGE BANTWAL TALUK D.K. DISTRICT-574 211. …RESPONDENTS (BY SRI SACHIN B S, ADVOCATE FOR R1, R4 & R7) THIS RFA IS FILED UNDER SECTION 96 OF CPC 1908 AGAINST THE ORDER DATED 28.07.2020 PASSED IN OS.No.188/2013 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, BANTWAL HOLDING THAT, THE PLAINT OF THE PLAINTIFFS IS HEREBY TAKEN OFF FROM THE FILE. - 4 - HC-KAR CNR: KAHC010368662020 NC: 2026:KHC:45454 RFA No. 1709 of 2020 THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT Learned counsel for appellants files a memo for return of appeal papers to re-present the same before appropriate Court. 2. Memo reads as under: “The Appellants respectfully submit that the present appeal is arising out of the Order dated. 28.07.2020 in O.S.No.188/2013 passed by the learned Prl. Civil Judge & JMFC., Bantwal, Dakshina Kannada, taking off the Plaint from the file invoking the provisions of Order 32 Rule 2 of CPC 1908, by answering the Preliminary Issues (Addl. Issue No.1 & 2) in the affirmative, holding that the suit is barred under the provisions of the Mental Health Act, 1987. As per the suit valuation, the relief claimed in the suit was valued at Rs.1,000/- for the purpose of Court Fee and Jurisdiction. In view of the above, the appeal would lie before the learned Senior Civil Judge & JMFC., Bantwal, D.K. District as the Order impugned was - 5 - HC-KAR CNR: KAHC010368662020 NC: 2026:KHC:45454 RFA No. 1709 of 2020 passed by the learned Prl. Civil Judge and JMFC., Bantwal, D.K. District. Therefore, it is respectfully prayed that this Hon'ble Court may be pleased to direct the Registry to return the appeal papers with all Annexures and IA with affidavits to re-present the same before the proper court within a time frame, in the interest of justice and equity.” 3. In view of the memo, Registry is directed to return the appeal papers along with annexures, IAs and affidavits to the learned counsel for appellants to re- present the same before the appropriate Court within a period of one month from the date of receipt of appeal papers. 4. Interim order granted earlier, if any, is extended till further orders. 5. For the purpose of statistics, the Regular First Appeal is disposed of. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP