In the High Court of Karnataka at Bengaluru

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 03 RD DAY OF JANUARY 2018

BEFORE

THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR

R.F.A.No.591/2013

BETWEEN:

1.BRUNO MICHAEL AGED 58 YEARS

2.EUGENE MICHAEL AGED 50 YEARS

3.CLEMENT SURESH MICHAEL AGED 45 YEARS

4.MRS SUSAN ARUNA AGED 48 YEARS

5.MRS INDIRA ELIZABETH AGED 49 YEARS

6.MRS MARY RACHAEL AGED 42 YEARS

NOS. 1, 2 AND 3 ARE THE SONS AND NOS.4, 5 AND 6 ARE DAUGHTERS OF LATE SRI ALOYSIUS MICHAEL NO.19, CAMPBELL ROAD BANGALORE-560047.

7.MRS CARMEL AGED 53 YEARS WIFE OF SRI PREMKUMAR AND

DAUGHTER OF LATE SRI ALOYSIUS MICHAEL NO.19, CAMPBELL ROAD BANGALORE-560047

8.MRS CHRISTIANA AGED 51 YEARS WIFE OF SRI M MICHAEL AND DAUGHTER OF LATE SRI GEORGE RAJENDRAN NO.19, CAMPBELL ROAD BANGALORE-560047

9.MRS CECELIA AGED 46 YEARS WIFE OF SRI DOMINIC SAVIO AND DAUGHTER LATE SRI GEORGE RAJENDRAN NO.19, CAMPBELL ROAD, BANGALORE-560047

10.MRS PAMELA AGED 43 YEARS WIFE OF SRI SAGAYA RAJ AND DAUGHTER LATE SRI GEORGE RAJENDRAN NO.19, CAMPBELL ROAD, BANGALORE-560047. ... APPELLANTS

(By Sri : KESTHUR N CHANDRA SHEKHER, ADVOCATE)

AND

1.MRS KATE PHILIPS AGED 78 YEARS WIFE OF MR W PHILLIPS AND RESIDING AT NO. 46, 9TH CROSS GURUMURTHY ROAD, R S PALYA BANGALORE-560033

2.MR TERENCE AGED 74 YEARS

SON OF LATE T A MICHAEL RESIDING AT NO. 8 HIGH STREET CROSS COOKE TOWN, BANGALORE

3.MRS SHEELA FICKER MAJOR WIFE OF MR ANDREW FICKER DAUGHTER OF T A MICHAEL RESIDING AT NO. 15/33 CAMBRIDGE ROAD CROSS ULSOOR, BANGALORE-560008

4.MRS BYULA SELVARAJ AGED 63 YEARS WIFE OF I.SELVARAJ AND DAUGHTER OF LATE T A MICHAEL RESIDING AT D.IGNASIAPPA VILLA, NO.49, KARAM CHAND LAYOUT LINGARAJAPURAM, BANGALORE-560034.

5.MRS EVA MANI, SINCE DECEASED BY LEGAL REPRESENTATIVE

A) S SUBRAMANI AGED ABOUT 75 YEARS

B) MRS BRINDA ADIGED MAJOR DAUGHTER OF LATE MRS EVA

C) MRS SHARMILI MAJOR DAUGHTER OF LATE MRS EVA

D) MR PREM MANI MAJOR SON OF LATE MRS EVA

E) MRS MARIA MAJOR DAUGHTER OF LATE MRS EVA

5(A) TO (E) ARE RESIDING AT NO. 19 CAMPBELL ROAD, AUSTIN TOWN, BANGALORE-560047

6.MRS PRAMILA MAJOR DAUGHTER OF MRS NOVAMANI DOSS NO.19, CAMPBELL ROAD, AUSTIN TOWN, BANGALORE-560047

7.MR KUMAR MAJOR SON OF MRS NOVAMANI DOSS NO.19, CAMPBELL ROAD AUSTIN TOWN BANGALORE-560047

8.MR ROY SON OF LATE MRS NOVAMANI DOSS SINCE DECEASED BY HIS LEGAL REPRESENTATIVES

A) MRS ANGELINE AGED 56 YEARS WIFE OF MR ROY

B) MR NEIL AGED 37 YEARS SON OF MR ROY

C) MISS RUBINA AGED ABOUT 32 YEARS DAUGHTER OF MR ROY

8(A) TO (C) ARE RESIDING AT NO. 12 LRDE QUARTERS, C V RAMAN NAGAR, BANGALORE-47.

9.MRS VIMALA MAJOR DAUGHTER OF MRS NOVAMANI DAS NO. 19, CAMPBELL ROAD, AUSTIN TOWN, BANGALORE-560047

10.MR JAIRAJ @ RAYMOND DOSS MAJOR, SON OF MRS NOVAMANI DOSS NO.19, CAMPBELL ROAD AUSTIN TOWN BANGALORE-560047

11.MRS GERALDINE KUMAR MAJOR, DAUGHTER OF M RODGERS NO.19, CAMPBELL ROAD AUSTIN TOWN, BANGALORE-560047

12.MR NOEL MICHAEL SINCE DECEASED REPRESENTED HEREIN BY HIS LEGAL REPRESENTATIVES

A) ARJUN MICHAEL MAJOR SON OF NOEL MICHAEL

B).MISS NISHA MICHAEL MAJOR SON OF NOEL MICHAEL 12(A) AND (B) ARE RESIDING AT C/O MR PERRIERA RESIDING AT NO. 53, XAVIER LAYOUT, BANGALORE-560047

13.MR AMBROSE, SINCE DECEASED REPRESENTED BY HIS LEGAL REPRESENTATIVES

A) MRS A VICTORIA MARY, AGED ABOUT 59 YEARS WIFE OF J AMBROSE MICHAEL

B).MISS A MARIA GRAZIA MICHAEL AGED ABOUT 38 YEARS DAUGHTER OF J AMBROSE MICHAEL

C).MR A MARIO VIJAY MICHAEL AGED ABOUT 36 YEARS DAUGHTER OF J AMBROSE MICHAEL

D) MR A MARIA ROSELINE AGED ABOUT 43 YEARS SON OF J AMBROSE MICHAEL

E).MISS A MARIA AMALA AGED ABOUT 31 YEARS DAUGHTER OF J AMBROSE MICHAEL

F).MR A MELITO ARUN AGED ABOUT 29 YEARS DAUGHTER OF J AMBROSE MICHAEL

ALL PRESENTLY RESIDING AT NO.409 EAST ROAD, AUSTIN TOWN BANGALORE-560047

14.MR DECRUZ MICHAEL S/O LATE JOSEPH MICHAEL AGED 67 YEARS R/AT NO 19, CAMPBELL ROAD AUSTIN TOWN, BANGALORE 560047

15.MR LEONARD MICHAEL AGED 60 YEARS S/O LATE JOSEPH MICHAEL R/AT ORANGE VALLEY KOVIL MADU YERCAUD 636 601 TAMIL NADU

16.MR LAWRENCE S/O LATE JOSEPH MICHAEL AGED 50 YEARS R/AT NO 19, CAMPBELL ROAD, BANGALORE 560 047

17.MRS SHEELA SINCE DECEASED REPRESENTED BY HER LEGAL REPRESENTATIVES

A) MR CHARANJIT RAM S/O SRI DESHRAJ AGED ABOUT 66 YEARS

B).MISS AUXILLA SANDHYA AGED ABOUT 37 YEARS D/O CHARANJIT RAM

C).MISS R V SHILPA JOSHI AGED ABOUT 34 YEARS D/O CHARANJIT RAM

D).MR AJAY KUMAR CYRIL S/O CHARANJIT RAM AGED ABOUT 32 YEARS S/O CHARANJIT RAM

E).MR SANJAY KUMAR CYRIL AGED ABOUT 30 YEARS S/O CHARANJIT RAM

ALL ARE PERMANENTLY R/AT NO G 342, 9TH CROSS, HAL COLONY (QTS) BANGALORE 560 017. ... RESPONDENTS (By Sri : ARJUN REGO, ADV. FOR C/R1-R4 Sri : R.NATARAJ, ADV. FOR C/R1, R3, R4 AND R14)

THIS RFA FILED U/SEC.96, R/W O-XLI, RULE-1 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED:05.01.2013 PASSED IN O.S.16034/2003 ON THE FILE OF THE 28TH ADDL. CITY CIVIL JUDGE, MAYOHALL UNIT, BANGALORE, DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION.

THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

Counsel for appellants is absent. On 23.01.2017, one week time was granted for compliance of office objections. Since then, the office objections have not been complied with. Therefore, appeal is dismissed.

Sd/- JUDGE

DKB