In Regular First Appeal No. 709 of 2008, the single-judge bench dismissed the appeal for non-prosecution as the court notice to the appellant was returned with an endorsement of 'service insufficient' due to an incorrect address.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2023:KHC:43242 RFA No. 709 of 2008
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA REGULAR FIRST APPEAL NO.709 OF 2008 (RES)
BETWEEN:
MRS LYNETTE FERNANDES W/O C.G.F. FERNANDES AGED ABOUT 60 YEARS R/AT NO 41, CHARLES CAMP BELL ROAD COX TOWN, BANGALORE-5
…APPELLANT
(BY MRS. LYNETTE FERNANDES., ADVOCATE)
AND:
Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA
1(A) JANETTE MATHIAS, D/O RICHARD P MATHIAS AGED ABOUT 62 YEARS RESIDING OPP TARANATH STORES BEJAI KAPIKAD, MANGALORE 4
…RESPONDENTS
(BY SRI. N. RAJANNA., ADVOCATE FOR M/S. HOLLA AND HOLLA, ADVOCATE FOR C/R2, R1(A) IS SERVED)
NC: 2023:KHC:43242 RFA No. 709 of 2008
THIS RFA IS FILED U/S 96 OF THE CPC AGAINST THE JUDGEMENT AND DECREE DT. 4.2.08 PASSED IN OS NO. 1/99 ON THE FILE OF THE III ADDL. DISTRICT & SESSIONS JUDGE, D.K., MANGALORE, DISMISSING THE SUIT FOR PROBATE AND ETC.,
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The court notice issued to the appellant returned with
an endorsement “service insufficient” on account of correct
address of the appellant. The appellant was earlier represented by Smt. Jyoti Mulimani, Advocate who has been elevated as the Judge of this High Court.
Sd/JUDGE
KLY
List No.: 1 Sl No.: 4
Mrs Lynette Fernandes
Janette Mathias
Bennet Mathias
Mrs Gertie Mathias
V SHRI SHANANDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
