The High Court disposed of a regular second appeal relating to a property dispute in terms of a joint memo wherein appellants undertook to vacate the suit schedule property within two years and pay Rs.6,00,000 as full and final settlement.
Appeal disposed of on terms of joint memo for vacating property and paying Rs.6,00,000.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE ASHOK S.KINAGI
REGULAR SECOND APPEAL NO. 1910 OF 2012 (INJ)
BETWEEN:
Digitally signed by R DEEPA Location: High Court of Karnataka
ALL ARE RESIDING AT DOOR NO.17-18-1364 & 17-18-1364 & 17-18-1364A, "LITTLE COTE" STURROCK ROAD MANGALORE-1
…APPELLANTS
(BY SRI. CYRIL PRASAD PAIS, ADVOCATE)
AND:
AGED ABOUT 63 YEARS R/AT NO.33, VIOLETTE VILLE WEST AVENUE SANTA CRUZ (W) MUMBAI-400 054
…RESPONDENTS
(BY SRI. UDAY HOLLA, SR. ADVOCATE FOR SRI. VIVEK HOLLA, ADVOCATE FOR C/R & R1 TO R3 V/O DATED 08.11.2012 NOTICE TP R4 IS D/W)
THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 21.8.2012 PASSED IN R.A.NO.36/2010 ON THE FILE OF THE III ADDL. SENIOR CIVIL JUDGE & JMFC., MANGALORE, D.K, PARTLY ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 23.1.2010 PASSED IN O.S.NO.196/2006 ON THE FILE OF THE II ADDL. CIVIL JUDGE (JR.DN) MANGALORE, D.K.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The appellants and the respondents are present
before the Court and they are identified by their respective counsel.
Accordingly, the appeal is disposed of in terms of
joint memo.
Sd/JUDGE
SSB
1 issue framed by the court
Whether the regular second appeal should be allowed or dismissed on the terms of a joint settlement memo.
1 provisions across 1 enactments
Mrs. Merilyn Gonsalves
Iona Gonsalves
Elvis Gonsalves
Annette Vaz
Lavinia Pais
Ottilie D'Souza
Ashok S. Kinagi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
