- 1 - HC-KAR CNR: KAHC010254432016 NC: 2026:KHC:47259 RSA No. 1033 of 2016 C/W RSA No. 1035 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 1033 OF 2016 (PAR) C/W REGULAR SECOND APPEAL NO. 1035 OF 2016 IN RSA No. 1033/2016 BETWEEN: 1. NANCY D'SOUZA W/O LATE DENNIS D'SOUZA, AGED ABOUT 62 YEARS, 2. RAKESH D'SOUZA S/O LATE DENNIS D'SOUZA, AGED ABOUT 36 YEARS, 3. JOSNA MARIA D'SOUZA D/O LATE DENNIS D'SOUZA, AGED ABOUT 34 YEARS, 4. ROBIN D'SOUZA S/O LATE DENNIS D'SOUZA, AGED ABOUT 33 YEARS, 5. MRS. RUPINA D/O TERESA D'SOUZA, AGED ABOUT 58 YEARS, Digitally signed by SHILPABAI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010254432016 NC: 2026:KHC:47259 RSA No. 1033 of 2016 C/W RSA No. 1035 of 2016 6. MR. TONY D'SOUZA S/O LATE TITUS D'SOUZA, AGED ABOUT 28 YEARS, 7. MR. ROSHAN D'SOUZA S/O LATE TITUS D' SOUZA, AGED ABOUT 27 YEARS, 8. MR. BRAIN D'SOUZA S/O LATE TITUS D'SOUZA, AGED ABOUT 26 YEARS, APPELLANTS 1 TO 8 ARE R/AT BADDUR HOUSE, PADUKODI VILLAGE, KULOOR POST, MANGALURU - 575 013 9. MRS. CELINE D'SOUZA S/O LATE TERESA D'SOUZA, AGED ABOUT 49 YEARS, R/AT KARI HOUSE, KULOOR, MANGALURU TALUK - 575 013 10. MR. RICHARD D'SOUZA S/O LATE TERESA D'SOUZA, AGED ABOUT 48 YEARS, 11. ANIL D'SOUZA S/O LATE TERESA D'SOUZA, AGED ABOUT 49 YEARS, APPELLANT 10 AND 11 BOTH ARE R/AT BADDUR HOUSE, PADUKODI VILLAGE, KULOOR POST, MANGALURU - 575 013 …APPELLANTS (BY SRI. SANATHKUMAR SHETTY K., ADVOCATE) - 3 - HC-KAR CNR: KAHC010254432016 NC: 2026:KHC:47259 RSA No. 1033 of 2016 C/W RSA No. 1035 of 2016 AND: 1. SRI CHARLES PINOT S/O LATE PAUL PINTO, AGED ABOUT 74 YEARS, D.NO. 4-165, PERMANNUR VILLAGE AND POST, MANGALURU TALUK - 575 014. 2. EVEREST PINTO S/O LATE PAUL PINTO, AGED ABOUT 74 YEARS, D.NO. 4-165, PERMANNUR VILLAGE AND POST, MANGALURU TALUK - 575 014. …RESPONDENTS (BY SRI. ABHISHEK MARLA, ADVOCATE FOR R1 SRI. PRASANNA V R, ADVOCATE FOR R2 P'SD R1(B) - NANCY PINTO SERVED) THIS RSA IS FILED UNDER SEC.100 R/W RULE 1 OF ORDER XLII OF CPC., 1908 AGAINST THE JUDGMENT DATED 23.02.2016 PASSED IN RA.NO.78/2013 ON THE FILE OF THE IV ADDL. DISTRICT AND SESSIONS JUDGE, D.K., MANGALURU, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 24.04.2013 PASSED IN OS.NO.237/2000 ON THE FILE OF THE IST ADDL. SENIOR CIVIL JUDGE MANGALORE. IN RSA No. 1035/2016 BETWEEN: 1. NANCY D'SOUZA W/O LATE DENNIS D'SOUZA, AGED ABOUT 62 YEARS, 2. RAKESH D'SOUZA S/O LATE DENNIS D'SOUZA, AGED ABOUT 36 YEARS, - 4 - HC-KAR CNR: KAHC010254432016 NC: 2026:KHC:47259 RSA No. 1033 of 2016 C/W RSA No. 1035 of 2016 3. JOSNA MARIA D'SOUZA D/O LATE DENNIS D'SOUZA, AGED ABOUT 34 YEARS, 4. ROBIN D'SOUZA S/O LATE DENNIS D'SOUZA, AGED ABOUT 33 YEARS, 5. MRS. RUPINA D/O TERESA D'SOUZA, AGED ABOUT 58 YEARS, 6. MR. TONY D'SOUZA S/O LATE TITUS D'SOUZA, AGED ABOUT 28 YEARS, 7. MR. ROSHAN D'SOUZA S/O LATE TITUS D' SOUZA, AGED ABOUT 27 YEARS, 8. MR. BRAIN D'SOUZA S/O LATE TITUS D'SOUZA, AGED ABOUT 26 YEARS, APPELLANTS 1 TO 8 ARE R/AT BADDUR HOUSE, PADUKODI VILLAGE, KULOOR POST, MANGALURU - 575 013 9. MRS. CELINE D'SOUZA S/O LATE TERESA D'SOUZA, AGED ABOUT 49 YEARS, R/AT KARI HOUSE, KULOOR, MANGALURU TALUK - 575 013 10. MR. RICHARD D'SOUZA S/O LATE TERESA D'SOUZA, AGED ABOUT 48 YEARS, - 5 - HC-KAR CNR: KAHC010254432016 NC: 2026:KHC:47259 RSA No. 1033 of 2016 C/W RSA No. 1035 of 2016 11. ANIL D'SOUZA S/O LATE TERESA D'SOUZA, AGED ABOUT 49 YEARS, APPELLANT 10 AND 11 BOTH ARE R/AT BADDUR HOUSE, PADUKODI VILLAGE, KULOOR POST, MANGALURU - 575 013 …APPELLANTS (BY SRI. SANATHKUMAR SHETTY K., ADVOCATE) AND: 1. SRI CHARLES PINOT S/O LATE PAUL PINTO, AGED ABOUT 74 YEARS, D.NO. 4-165, PERMANNUR VILLAGE AND POST, MANGALURU TALUK - 575 014. 2. EVEREST PINTO S/O LATE PAUL PINTO, AGED ABOUT 74 YEARS, D.NO. 4-165, PERMANNUR VILLAGE AND POST, MANGALURU TALUK - 575 014. …RESPONDENTS (BY SRI. ABHISHEK MARLA, ADVOCATE FOR R1 SRI. PRASANNA V R, ADVOCATE FOR R2 P'SD R1(B) - NANCY PINTO SERVED) THIS RSA IS FILED UNDER SEC.100 R/W RULE 1 OF ORDER XLII OF CPC., 1908 AGAINST THE JUDGMENT DATED 23.02.2016 PASSED IN RA.NO.79/2013 ON THE FILE OF THE IV ADDL. DISTRICT AND SESSIONS JUDGE, D.K., MANGALURU, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 24.04.2013 PASSED IN OS.NO.237/2000 ON THE FILE OF THE IST ADDL. SENIOR CIVIL JUDGE MANGALORE. - 6 - HC-KAR CNR: KAHC010254432016 NC: 2026:KHC:47259 RSA No. 1033 of 2016 C/W RSA No. 1035 of 2016 THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL JUDGMENT 1. The appellants have filed separate memos for withdrawal of the instant appeals stating that the appellants have filed the instant appeals against the judgment and decree dated 23.02.2016 passed in R.A. No.78 of 2013 by IV Addl. District and Sessions judge, Dakshina Kannada, Mangalore, which appeal arises from the judgment decree dated 24.04.2013 passed in O.S. No.237 of 2000 on the file of I Addl. Senior Civil Judge, Mangalore. 2. During the pendency of these appeals, the appellants and the legal representatives of the respondents have settled the matter. In view of the settlement, the appellants do not intend to prosecute these appeals any further and seeks leave of the Court to withdraw the appeals. - 7 - HC-KAR CNR: KAHC010254432016 NC: 2026:KHC:47259 RSA No. 1033 of 2016 C/W RSA No. 1035 of 2016 3. The Memos are placed on record. 4. The regular second appeals are dismissed as withdrawn. 5. In view of the disposal of the appeals, pending interlocutory applications, if any, do not survive for consideration and accordingly, disposed of. Sd/- (ASHOK S.KINAGI) JUDGE RK List No.: 2 Sl No.: 6