Sri Michel Sequiera v. Sri Henry Sequiera
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2023:KHC:35057 RSA No. 538 of 2014 IN THE…
2023:KHC:35057 RSA No. 538 of 2014 IN THE…
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR REGULAR SECOND APPEAL NO. 538 OF 2014 (PAR)
BETWEEN:
SRI. MICHEL SEQUIERA, AGED ABOUT 78 YEARS, S/O LATE LAWRENCE SEQUIERA, R/AT "SEQUIERA VILLA", PILLAR VILLAGE AND POST, UDUPI TALUK AND DISTRICT.
…APPELLANT
(BY SRI. K. CHANDRANATH ARIGA, ADVOCATE)
AND:
Digitally signed by CHAITHRA P Location: HIGH COURT OF KARNATAKA
RESPONDENTS NO. 3 TO 8 ARE CHILDREN OF LATE JOSEPH SEQUIERA. RESPONDENTS NO. 3 TO 8 ARE RESIDING AT "SUNSHINE" KOTTARA, ASHOK NAGAR, MANGALORE - 575 006, D.K.
…RESPONDENTS
(BY SRI. PRASANNA V.R, ADVOCATE FOR R1, R2 AND R4 TO R8; R4 IS GPA HOLDER OF R5 TO R8; SERVICE OF NOTICE IN RESPECT OF R3 IS DISPENSED WITH VIDE ORDER DATED 09.08.2017)
THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE JUDGEMENT & DECREE DATED 20.03.2013 PASSED IN R.A.NO.21/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE & ACJM, KARKALA AND ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE DATED 25.05.2011 PASSED IN OS.NO.171/1990 ON THE FILE OF THE PRL. CIVIL JUDGE, KARKALA.
THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for appellant and learned counsel for respondents are present before the Court.
NC: 2023:KHC:35057 RSA No. 538 of 2014
In view of the steps are not having taken to bring the legal representatives of sole appellant on record, this appeal would not survive any more for consideration. Accordingly, the appeal is dismissed as abated.
In view of disposal of the appeal, pending I.A., if any, would pale into insignificance.
Sd/JUDGE
CPN List No.: 1 Sl No.: 25 CT: BHK
Michel Sequiera
Henry Sequiera
Dulsin Sequiera
Lilli Sequiera
Helen Sequiera
Hilda Sequiera
Pradeep Singh Yerur
As recorded by the court registry
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