IVAN D’ ALMEIDA v. FRANKY ALMEIDA
Case at a glance
Outcome
Disposed of
Appeal is disposed of
Provisions considered
Judgment
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR REGULAR FIRST APPEAL NO.422 OF 2020 (PAR) BETWEEN: IVAN D’ ALMEIDA, S/O LATE SEBESTINE ALMEIDA, AGED ABOUT 48 YEARS, RESIDING AT KINNI ARKAL HOUSE, KATTINGERI VILLAGE, MOODUBELLE POST, UDUPI TALUK AND DISTRICT – 576 101. (BY SRI. GANAPATHI BHAT, ADVOCATE) …APPELLANT LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA AND:
FRANKY ALMEIDA, S/O LATE SEBESTINE ALMEIDA, AGED ABOUT 58 YEARS,
CHRISTIAN D’ ALMEIDA, W/O LATE SEBESTINE ALMEIDA, AGED ABOUT 80 YEARS,
VICTOR D’ ALMEIDA, S/O LATE SEBESTINE ALMEIDA, AGED ABOUT 63 YEARS,
JULIANA CARNELIO, D/O LATE SEBESTINE ALMEIDA, AGED ABOUT 61 YEARS, R/AT KAKKANJE, SHIVALLI, VILLAGE OF UDUPI TALUK, HC-KAR - 2 - NC: 2026:KHC:45240 RFA No. 422 of 2020 CNR: KAHC010000292020
JECINTHA ARONA, D/O LATE SEBESTINE ALMEIDA, AGED ABOUT 56 YEARS,
PRESCILLA NORONHA, D/O LATE SEBESTINE ALMEIDA, AGED ABOUT 53 YEARS,
TREAZA MENEZES, D/O LATE SEBESTINE ALMEIDA, AGED ABOUT 50 YEARS, ALL ARE RESIDING AT KINNI ARKAL HOUSE, KATTINGERI VILLAGE, MOODUBELLE POST, UDUPI TALUK AND DISTRICT – 576 101. …RESPONDENTS (BY SRI. K.NARAYANA, ADVOCATE FOR R1 & R3; SRI. PRUTHVIRAJ S, ADVOCATE FOR R2; R4, R5, R6 & R7 ARE SERVED BUT UNREPRESENTED) THIS RFA FILED UNDER SECTION 96 OF THE CPC, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED
24.09.2019 PASSED IN O.S NO.27/2009 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, UDUPI, THEREBY REJECTING THE SAID SUIT IN ITS ENTIRETY AND ETC THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR HC-KAR - 3 - NC: 2026:KHC:45240 RFA No. 422 of 2020 CNR: KAHC010000292020 ORAL JUDGMENT Learned counsel for respondent Nos.1 and 3 submits that he will not presses IA No.2/2025. Hence, IA No.2/2025 is dismissed as not pressed.
2. The impugned judgment is passed by the Principal Senior Civil Judge, Udupi.
3. In view of the Karnataka Civil Courts (Amendment) Act, 2023 and the Karnataka High Court (Amendment) Act, 2023 and the decision of Division Bench of this Court rendered in Writ Petition No.17588/2024 and connected matter passed on 08.07.2026 and the order of Hon'ble Apex Court dated 03.08.2026 passed in Special Leave Petition (Civil) Diary No.41602/2026, the present appeal is transferred to the Principal District Court, Udupi for disposal of the case in accordance with law. Pending I.A.s, if any, are also ordered to be transferred.
4. Registry is directed to send the appeal papers along with trial Court records to the said Court. HC-KAR - 4 - NC: 2026:KHC:45240 RFA No. 422 of 2020 CNR: KAHC010000292020
5. Interim order granted earlier, if any, extended till further orders.
6. For the purpose of statistics, the Regular First Appeal is disposed of. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 4 Sl No.: 2
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Appeal is disposed of
Which statutory provisions did this judgment involve?
Code of Civil Procedure, 1908 — s. 96; Karnataka Civil Courts (Amendment) Act, 2023; Amendment Act, 2023.
Precedent status how later indexed judgments have treated this case
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