Court Notices published in Government Gazette no 21,226 of 17th April 2024
Notice 873
873By means of a decree delivered, by the Court of Appeal, Superior jurisdiction, on the 2nd April, 2024, in the records of the Applications number 867/2016 and 267/2016 in the names Josephine sive Joyce Dimech (ID 379262M) vs Pasqualino sive Lino Chircop (ID 352865M), the following publication was ordered for the purpose of service of Pasqualino sive Lino Chircop in terms of section 187 (3) et sequitur of Cap 12.
By means of Appeal Application number 867/2016 and 267/2016 filed on the 30th November, 2023, the appellant Josephine sive Joyce Dimech felt aggrieved by the judgment of the First Hall Civil Court dated 31st October, 2023, in the names premised. The appellant's grounds of appeal are clear and manifest in so far as the court of first instance misapplied the law when it declared that the appellant had lost the juridical interest to proceed with the instituted cause in that it enunciated a myopic interpretation of the law governing juridical interest.
Therefore, the applicant appellant requests this Honourable Court of Appeal to uphold the appellant's grounds of appeal and consequently revoke the judgment appealed in its entirety and thus remit the records back to the Honourable First Court to deal with the appellant plaintiff's demands so that none of the parties is deprived of the right of review and this under all those terms and conditions that this Honourable Court deems fit and opportune. With costs of both instances against the respondent.
Notification: 67, St Anthony Flats, Flat 3, Triq il-Parroċċa, Naxxar
DR FRANCO BONDIN, LLD, M. JUR.
For the Registrar, Civil Courts and Tribunals
Notice 874
874By means of a decree delivered, by the Court of Appeal, Superior jurisdiction, on the 2nd April, 2024, in the records of the Application number 618/2021 in the names Anthony Falzon, Giovanna Falzon, Joseph Falzon, Josephine Falzon, Maria Lourdes Farrugia, Saviour Falzon, Nicholas Falzon, Maria sive Mary Falzon Vincent Vella, Irene Galea, Lorina Sciberras in her own name and in the name of Stephania Balzan who is abroad, Patricia Portelli, Lorna Sultana, and Mario Bonello vs Ġiljan Falzon, the following publication was ordered for the purpose of service of Maria Lourdes Farrugia in terms of section 187 (3) et sequitur of Cap. 12.
By means of Appeal Application number 618/2021 filed on the 24th March, 2024, in the names premised, the appellant Ġiljan Falzon (KI 0787057M) felt aggrieved by the judgment dated 24th February, 2023, delivered by the First Hall Civil Court and submits three grounds of appeal against this judgment, in that the Honourable First Court made a manifestly wrong evaluation of both the law and the facts when it rejected the appellant's first plea which deals with the irrituality of the present procedure and it did the same as regards the appellant's third plea which deals with the proof of title, as well as when it rejected the appellant's fourth plea which deals with the issue of grievous prejudice which the exponent is going to offer because of this sale.
Therefore, the appellant requests that this Honourable Court of Appeal (Superior jurisdiction) cancels, revokes and annuls the judgment appealed in its entirety, with costs of both instances against the respondents.
Notify: Maria Lourdes Farrugia, 232, Triq Mons Mikiel Azzopardi, Siġġiewi
DR FRANCO BONDIN, LLD, M. JUR.
For the Registrar, Civil Courts and Tribunals
Notice 875
875By decree given by the Civil Court, First Hall on the 12th April, 2024, on the application of HSBC Bank Malta p.l.c. (C3177), Tuesday, 29th October, 2024, at half past ten in the morning (10.30 a.m.), has been fixed for the sale by auction, to be held in Room Number 78, Nearby the Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta of the following property:
The apartment without its own airspace, internally forming part of the tower known as Tower A1, consisting of twenty (20) apartments, which tower forms part of the development known as 'The Three Towers' and which apartment is situated on level three (3) and internally marked number three hundred and six (306), in Triq l-Ibjar, Paola, as well as the right of use of common areas of the Tower A1 as better described in the acts of notary Malcolm Mangion published on the 28th February, 2007, underlying and overlying third party property, free and unencumbered, and valued at two hundred and five thousand euro (€205,000).
The said tenement is the property of Yassine Khaled (ID 135504L) and Elsadi Duaa (ID 38961A).
N.B. The said tenement will be sold as described in the acts of judicial sales number 7/2021.
GAETANA AQUILINA
For the Registrar, Civil Courts and Tribunals
Notice 876
876By decree given by the Civil Court, First Hall, on the 12th April, 2024, on the application of HSBC Bank Malta plc (C3177), Thursday, 24th October, 2024, at half past eleven in the morning (11,30 a.m.), has been fixed for the sale by auction, to be held in Room Number 78, Nearby the Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:
Maisonette on ground floor level and accessible from private entrance, named Hurghada, numbered seven (7), in Triq San Luqa, St Paul's Bay, in a block of apartments externally numbered one hundred and eleven (111) named Resort Flats, Triq San Luqa, St Paul's Bay, with all its rights and appurtenances and including a three fourths (3/4) undivided share of one third (1/3) undivided of the entrance, hall, main door, staircase, and stairwell, and the roof of the said block, and is subject to the active and passive servitudes resulting from its position, as described in the acts of Notary Doctor Mario Rosario Bonello dated sixth September, two thousand and eleven (6.9.2011). The said block the maisonette forms part of is bounded by northeast with Triq San Luqa and from all other boundaries with property of third parties and valued at three hundred and twenty thousand euro (€320,000).
The said tenement is the property of Shehata Khaled (ID 330298M) in three fourths (3/4) undivided share of the apartment, including one fourth (1/4) undivided share of the common area and therefore three-fourth (3/4) of one third (1/3) undivided and Shehata Anna (ID 745261M) in one fourth (1/4) undivided share of the apartment and one third (1/3) undivided share of one fourth (1/4) undivided share of the common area of the apartment.
N.B. The said tenement will be sold as described in the acts of judicial sales number 39/2019.
GAETANA AQUILINA
For the Registrar, Civil Courts and Tribunals