Disposed

Smt Theresa Crasta v. John Gabriel D Silva

Karnataka HC8 Nov 2023RSA/1116/2018

Case brief

AI extract

What is this about?

The High Court heard three regular second appeals concerning possession of suit premises. The court found that concurrent findings of lower courts should not be interfered with. After deliberation, the court disposed of the appeals by granting the appellants a direction to voluntarily hand over vacant possession by 31.12.2024 without mesne profits, provided they file an undertaking and do not seek

What did the court decide?

Appellants directed to voluntarily hand over vacant possession of suit schedule premises on or before 31.12.2024; mesne profits waived; undertaking to be filed regarding non-subletting and maintenance

Smt Theresa Crasta Vs John Gabriel D Silva — Partition | Karnataka HC (2023)

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1 - NC: 2023:KHC:39867 RSA No. 1116 of 2018 C/W RSA No. 1115 of 2018 RSA No. 1117 of 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8^TH DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM

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REGULAR SECOND APPEAL NO.1116 OF 2018 (POS) C/W

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REGULAR SECOND APPEAL NO.1115 OF 2018 (POS) REGULAR SECOND APPEAL NO.1117 OF 2018 (POS)

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IN RSA NO.1116/2018

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BETWEEN:

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SMT.THERESA CRASTA W/O LATE CHARLES CRASTA AGED ABOUT 66 YEARS

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Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA

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SRI HENRY CRASTA S/O LATE CHARLES CRASTA AGED ABOUT 41 YEARS

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BOTH ARE RESIDING AT DOOR NO.1-244, PEDAMALE POST NEERMARGA VILLAGE MANGALORE TALUK-575029

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…APPELLANTS

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(BY SRI. CYRIL PRASAD PAIS, ADVOCATE)

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AND:

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2 - NC: 2023:KHC:39867 RSA No. 1116 of 2018 C/W RSA No. 1115 of 2018 RSA No. 1117 of 2018

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JOHN GABRIEL D'SILVA S/O LATE ALEXANDER I.D'SILVA AGED ABOUT 76 YEARS

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LENA T.PINTO D/O LATE ALEXANDER I D'SILVA AGED ABOUT 73 YEARS

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IRENE M. D'SOUZA D/O LATE ALEXANDER I D'SILVA AGED ABOUT 71 YEARS

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MRS.JESLINE M D'SILVA D/O LATE ALEXANDER I D'SILVA AGED ABOUT 69 YEARS

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VINCENT J. D'SILVA S/O LATE ALEXANDER I D'SILVA AGED ABOUT 68 YEARS

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EVELINE PEREIRA D/O LATE ALEXANDER I D'SILVA AGED ABOUT 65 YEARS

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RESPONDENT NOS.1 TO 6 ARE RESIDING AT PEDAMALE POST NEERMARGA VILLAGE MANGALORE - 575029.

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…RESPONDENTS

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(BY SRI.PRASANNA V.R, ADVOCATE FOR R.1 TO 6)

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THIS RSA IS FILED U/SEC.100 OF CPC., 1908 AGAINST THE JUDGEMENT AND DECREE DTD 09.02.2018 PASSED IN R.A.NO. 4/2017 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, MANGALURU, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DTD 23.11.2016 PASSED IN OS.

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3 - NC: 2023:KHC:39867 RSA No. 1116 of 2018 C/W RSA No. 1115 of 2018 RSA No. 1117 of 2018

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NO.19/2016 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, MANGALURU, D.K.

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IN RSA NO.1115/2018

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BETWEEN:

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MR.JAMESH CRASTA S/O LATE CHARLES CRASTA AGED ABOUT 56 YEARS RESIDING AT D.NO.1-245 PEDAMALE POST NEERMARGA VILLAGE MANGALORE TALUK - 575029

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…APPELLANT

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(BY SRI. CYRIL PRASAD PAIS, ADVOCATE)

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AND:

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JOHN GABRIEL D'SILVA S/O LATE ALEXANDER I.D'SILVA AGED ABOUT 76 YEARS

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LENA T.PINTO D/O LATE ALEXANDER I D'SILVA AGED ABOUT 73 YEARS

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IRENE M. D'SOUZA D/O LATE ALEXANDER I D'SILVA AGED ABOUT 71 YEARS

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MRS.JESLINE M D'SILVA D/O LATE ALEXANDER I D'SILVA AGED ABOUT 69 YEARS

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4 - NC: 2023:KHC:39867 RSA No. 1116 of 2018 C/W RSA No. 1115 of 2018 RSA No. 1117 of 2018

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VINCENT J. D'SILVA

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S/O LATE ALEXANDER I D'SILVA AGED ABOUT 68 YEARS

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EVELINE PEREIRA D/O LATE ALEXANDER I D'SILVA AGED ABOUT 65 YEARS

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RESPONDENT NOS.1 TO 6 ARE RESIDING AT PEDAMALE POST NEERMARGA VILLAGE MANGALORE - 575029.

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…RESPONDENTS

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(BY SRI.PRASANNA V.R, ADVOCATE FOR R.1 TO 6)

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THIS RSA IS FILED U/SEC.100 OF CPC., 1908 AGAINST THE JUDGEMENT AND DECREE DTD 09.02.2018 PASSED IN R.A.NO. 6/2017 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, MANGALURU, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DTD 23.11.2016 PASSED IN OS. NO.23/2016 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, MANGALURU, D.K.

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IN RSA NO.1117/2018

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BETWEEN:

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SMT.CELINE CRASTA W/O JOHN CRASTA AGED ABOUT 78 YEARS

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OSWALD CRASTA S/O CELINE CRASTA

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AGED ABOUT 53 YEARS

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5 - NC: 2023:KHC:39867 RSA No. 1116 of 2018 C/W RSA No. 1115 of 2018 RSA No. 1117 of 2018

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BOTH ARE RESIDING AT DOOR NO.1-246 PEDAMALE POST NEERMARGA VILLAGE MANGALORE TALUK-575029

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…APPELLANTS

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(BY SRI. CYRIL PRASAD PAIS, ADVOCATE)

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AND:

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JOHN GABRIEL D'SILVA S/O LATE ALEXANDER I.D'SILVA AGED ABOUT 76 YEARS

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LENA T.PINTO D/O LATE ALEXANDER I D'SILVA AGED ABOUT 73 YEARS

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IRENE M. D'SOUZA D/O LATE ALEXANDER I D'SILVA AGED ABOUT 71 YEARS

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MRS.JESLINE M D'SILVA D/O LATE ALEXANDER I D'SILVA AGED ABOUT 69 YEARS

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VINCENT J. D'SILVA S/O LATE ALEXANDER I D'SILVA AGED ABOUT 68 YEARS

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EVELINE PEREIRA D/O LATE ALEXANDER I D'SILVA AGED ABOUT 65 YEARS

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RESPONDENT NOS.1 TO 6 ARE

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RESIDING AT PEDAMALE POST

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NC: 2023:KHC:39867 RSA No. 1116 of 2018 C/W RSA No. 1115 of 2018 RSA No. 1117 of 2018

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NEERMARGA VILLAGE MANGALORE - 575029.

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…RESPONDENTS

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(BY SRI.PRASANNA V.R, ADVOCATE FOR R.1 TO 6)

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THIS RSA IS FILED U/SEC.100 OF CPC., 1908 AGAINST THE JUDGEMENT AND DECREE DTD 09.02.2018 PASSED IN R.A.NO. 5/2017 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, MANGALURU, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DTD 23.11.2016 PASSED IN OS. NO.21/2016 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, MANGALURU, D.K.

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THESE APPEALS, COMING ON FOR PART HEARD IN ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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COMMON JUDGMENT

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These matters are heard at length and on examination of the concurrent findings recorded by both Courts, this Court is not inclined to interfere with the concurrent judgments. However, the learned counsel appearing for the appellants persuaded this Court to grant a short accommodation to enable his clients to file an undertaking to handover and deliver the vacant possession of the suit schedule premises on or before 31.12.2024, without payment of any mesne profit.

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7 - NC: 2023:KHC:39867 RSA No. 1116 of 2018 C/W RSA No. 1115 of 2018 RSA No. 1117 of 2018

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Today, appellant No.2 in RSA No.* 1117 /2018

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is present before this Court and the children of all the appellants in RSA No.1116/2018 and RSA No.1115/2018 are also present before this Court. After deliberations, the appellants in all the three appeals have voluntarily agreed to handover and deliver the vacant possession of the suit schedule premises, if one year time is granted to them.

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A fair submission is made by the learned

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counsel appearing for the respondents - plaintiffs that his clients are willing to waive off the claim of mense profits, if six months time is granted.

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However, on further deliberations between the

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learned counsels on record, the learned counsel appearing for the respondents - plaintiffs fairly accepted the offer made by the appellants - defendants and his clients are willing to give up their claim relating to mesne profits in all the three appeals.

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Corrected vide Chamber order dated: 14.12.2023 .

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8 - NC: 2023:KHC:39867 RSA No. 1116 of 2018 C/W RSA No. 1115 of 2018 RSA No. 1117 of 2018

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The appellant No.2 in RSA No.1117/2018 is

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present before this Court. He undertakes to file an affidavit on his behalf and also on behalf of the other appellants during the course of the day.

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The said affidavit is taken on record.

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The learned counsel appearing for the

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appellants submits that the other appellants will file a similar undertaking within a period of 10 days in the counter. Similarly, the children of appellants in RSA No.1116/2018 and RSA No.1115/2018 have instructed the learned counsel on record that similar undertakings will be filed in the counter within a period of 10 days.

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In view of the above submissions made by the

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learned counsels appearing for the parties, these second appeals are disposed off with a direction that the appellants in all the three appeals will voluntarily handover the vacant possession on or before 31.12.2024.

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9 - NC: 2023:KHC:39867 RSA No. 1116 of 2018 C/W RSA No. 1115 of 2018 RSA No. 1117 of 2018

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It is made clear that the appellants shall not

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seek any further extension of time to handover and deliver

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the vacant possession of the suit schedule premises. Any further extension of time at the hands of the appellants, the same will be subject to payment of mense profits that is waived off by the respondents - plaintiffs.

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The appellants shall also give further undertaking that they will not sub-let or create any third party rights and they will maintain the suit property in good condition.

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In view of the above, these appeals are disposed

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off.

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Pending applications, if any, are also dismissed.

Sd/-

JUDGE

NBM

List No.: 1 Sl No.: 2

Smt Theresa Crasta v. John Gabriel D Silva

Case brief

What is this about?

What did the court decide?

Smt Theresa Crasta v. John Gabriel D Silva

Case brief

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What did the court decide?

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