In the High Court of Karnataka at Bengaluru

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15 TH DAY OF JUNE 2015 BEFORE THE HON'BLE MR. JUSTICE A.V.CHANDRASHEKARA WRIT PETITION NO.38318/2012 (GM-CPC) BETWEEN: 1. MRS ELIZA CUTINHA D/O ALPHANSO CUTINHA AGED ABOUT 65 YEARS 2. MR VALERIAN CUTINHA S/O ALPHANSO CUTINA AGED ABOUT 63 YEARS 3. MRS. LILLY CUTINHA D/O ALPHANSO CUTINA AGED ABOUT 61 YEARS 4. MR HENRY CUTINHA S/O ALPHANSO CUTINA AGED ABOUT 58 YEARS 5. MRS GRETTA CUTINHA D/O ALPHANSO CUTINA AGED ABOUT 57 YEARS 6. MRS ITENE CUTINHA D/O ALPHANSO CUTINA AGED ABOUT 55 YEARS 7. MRS FLORINE CUTINHA D/O ALPHANSO CUTINA AGED ABOUT 53 YEARS 2 8. MRS LIDWIN CUTINHA D/O ALPHANSO CUTINA AGED ABOUT 50 YEARS 9. MRS HILDA CUTINHA D/O ALPHANSO CUTINA AGED ABOUT 48 YEARS 10. MR. PRAVEEN CUTINHA S/O ALPHANSO CUTINA AGED ABOUT 46 YEARS 11. MR ARUN CUTINHA S/O ALPHANSO CUTINA AGED ABOUT 44 YEARS PETITIONER NO.1 TO 11 ARE RESIDING AT GATNAMAJALU HOUSE MOGARU VILLAGE, KUKKATTE POST VIA GANJIMUTT MANGALORE TALUK DAKSHINA KANNADA REPTD BY GPA HOLDER MR.PRAVEEN CUTINHA I.E. PETITIONER NO.10 ... PETITIONERS (By Sri: M VISHWAJITH RAI, ADV.) AND 1. MRS JOSEPHINE CUTINHA D/O BAPTIST CUTINHA AGED ABOUT 63 YEARS RESIDING AT NAGOJIBAIL HOUSE KELINJAR VILLAGE KUPPEPADAV POST 3 MANGALORE TALUK DAKSHINA KANNADA DISTRICT 2. MR FRANCIS CUTINHA SINCE DEAD BY HIS LR’s 2(a) MRS. CECILIA CUTINHA W/O LATE FRANCIS CUTINHA AGED ABOUT 85 YEARS 2(b) MRS DULOIN CUTINHA D/O LATE FRANCIS CUTINHA AGED ABOUT 65 YEARS 2(c) MRS SAVERINE CUTINHA D/O LATE FRANCIS CUTINHA AGED ABOUT 61 YEARS 2(d) MRS LEENA CUTINHA D/O LATE FRANCIS CUTINHA AGED ABOUT 60 YEARS 2(e) MR SALVADORE CUTINHA (SINCE DEAD) 2(e)(i) MRS BENEDICTA CUTINHA W/O LATE MR SALVADORE CUTINHA AGED ABOUT 45 YEARS 2(e)(ii) M/S SELVITA MARIA CUTINHA D/O LATE MR SALVADORE CUTINHA AGED ABOUT 13 YEARS (REPT BY HER NATURAL GUARDIAN MOTHER I.E R2(e)(i) 2(f) MRS FELCY CUTINHA D/O LATE FRANCIS CUTINHA AGED ABOUT 58 YEARS DAKSHINA KANNADA DISTRICT 4 2(g) MR LUCY CUTINHA S/O LATE FRANCIS CUTINHA AGED ABOUT 57 YEARS 2(h) MRS. FLORINE CUTINHA D/O LATE FRANCIS CUTINHA, AGED ABOUT 56 YEARS, 3. MR. SYLVESTER CUTINHA (SINCE DEAD) S/O BAPTIST CUTINHA, 3(a) MRS. DUJEPHIN PINTO W/O LATE SYLVESTER CUTINHA, AGED ABOUT 65 YEARS, 3(b) MR. SAYER CUTINHA S/O LATE SYLVESTER CUTINHA, AGED ABOUT 40 YEARS, 3(c) MRS. GRETTA D SOUZA W/O VALERIAN D SOUZA AGED ABOUT 37 YEARS, 3(d) MR. JERRY CUTINHA S/O LATE SYLVESTER CUTINHA, AGED ABOUT 30 YEARS, 3(e) MR. CYRIL CUTINHA S/O LATE SYLVESTER CUTINHA, AGED ABOUT 28 YEARS, 3(f) MR. DENNIS CUTINHA S/O LATE SYLVESTER CUTINHA, AGED ABOUT 26 YEARS, 3(g) MR. JESSY CUTINHA S/O LATE SYLVESTER CUTINHA, AGED ABOUT 24 YEARS, 5 3(h) MR. RONY CUTINHA S/O LATE SYLVESTER CUTINHA, AGED ABOUT 22 YEARS, ALL ARE RESIDENT OF NAGOJIBAIL, KELINJAR VILLAGE KUPPEPADAVU POST MANGALORE TALUK DAKSHINA KANNADA DISTRICT 4. MR. THOMAS CUTINA S/O BAPTIST CUTINHA, AGED ABOUT 57 YEARS, RESIDING IN B.M. COLONY, ROOM NO. 5/868, MALAD MAHAR ROAD, BOMBAY-400095 5. MRS. DULCINE CUTINHA D/O FRANCIS CUTINHA, AGED ABOUT 47 YEARS, R/AT PAKKALAPADE HOUSE, BONDANTHILA VILLAGE, PADU, MANGALORE TALUK 6. MR. CYRIL BRAGGS (SINCE DEAD) S/O MONTHU BRAGGS 6(a) PREM KUMAR BENEDIOTA BRAGGS, S/O LATE CYRIL BRAGGS, AGED: MAJOR, 6(b) PRECILLA GRACY BARAGGS S/O LATE CYRIL BRAGGS, AGED: MAJOR, 6(c) VALERIAN BRAGGS S/O LATE CYRIL BRAGGS, AGED: MAJOR, 6 6(d) FLAVIA BRAGGS S/O LATE CYRIL BRAGGS, AGED: MAJOR, RESPONDENTS NO. 6(a) TO 6(d) ARE R/O PAKKALAPADE HOUSE, BONDANTHILA VILLAGE, PADU, MANGALORE TALUK, DAKSHINA KANNADA DIST. ... RESPONDENTS (By Sri: K CHANDRANATH ARIGA, ADV.) THIS WP FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION PRAYING TO CALL FOR THE RECORDS FROM THE TRIAL COURT WHICH ULTIMATELY PASSING AN ORDER VIDE ANNEXURE-A AND ETC. THIS W.P. COMING ON FOR HEARING THIS DAY, THE COURT MADE THE FOLLOWING: O R D E R Heard the learned counsel for the parties. With their consent, the petition is taken up for final hearing. 2. Learned counsel for the petitioner, Mr.Chandrakant Ariga submits that the connected matter is pending before this court in R.F.A.673/11 in which an application came to be filed seeking stay of 7 further proceedings in O.S.64/93. IN the light of pendency of R.F.A.673/11 before this court, further proceedings in O.S.64/93 needs to be stayed. 3. Accordingly the writ petition is allowed, staying further proceedings in O.S.64/93 on the file of II Additional Civil Judge (Senior Divn.), Mangalore, till the disposal of R.F.A.673/11. Sd/- JUDGE vgh* .

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