IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14th DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.35515 OF 2018 (GM-CPC) C/W WRIT PETITION NO.21528 OF 2019 (GM-RES) WRIT PETITION NO.35515 OF 2018 BETWEEN:
MRS. ALICE MENEZES W/O LATE PASCAL MENEZES AGED ABOUT 83 YEARS R/AT. NO.107, CLASSIQUE SYMPHONY BALIKA ASHRAM RAOD KANKANADY, MANGALURU-575002.
(BY MR. DILRAJ ROHIT SEQUEIRA, ADV.) AND:
1. MR. HILARY WALTER MENEZES S/O LATE BHASKAR MENEZES AGED ABOUT 56 YEARS “COFFEE GROWER”
R/O. “ALICIA”, BEHIND BALMATTA POST OFFICE, UPPER BENDRU MANGALURU-575002.
2. MR. L.P. MENEZES S/O LATE PASCAL MENEZES AGED ABOUT 65 YEARS R/AT. No.8/5/370/2 “EDEN” RAMA RAO COMPOUND FERRY ROAD, KULUR, KODIALBAIL POST MANGALURU-575003.
… PETITIONER 3. MR. FELIX WILLIAM MENEZES S/O LATE PASCAL MENEZES AGED ABOUT 57 YEARS R/AT. NEAR TELEPHONE EXCHANGE NIDUVALE AT AND POST BALUR HOBLI, MUDIGERE TALUK CHIKMAGALURU DISTRICT-577132.
4. SMT. ROSIE GOVEAS D/O LATE PASCAL MENEZES W/O WALTER GOVEAS AGED ABOUT 65 YEARS R/AT. BRINDAVAN ESTATE MATHIKATTE VILLAGE BANAKAL HOBLI MUDIGERE TALUK CHIKMAGALURU DISTRICT-577132.
5. MRS. EMILIA VERONICAL LOBO W/O MR. RICHARD LOBO AGED ABOUT 55 YEARS TEACHER, R/O. PRASHANTH BHAG KEMBAR ROAD, PADIL POST MANGALURU-575002.
6. MS. GLEZERIA MALACHY MENEZES D/O LATE PASCAL MENEZES AGED ABOUT 48 YEARS CLASSIQUE SYMPHONY APARTMENTS FLAT NO.107, KANKANADY POST MANGALURU-575002.
(BY MR. CYRIL PRASAD PAIS, ADV., FOR C/R1 MR. S. VISHWAJITH SHETTY, ADV., FOR R2 MR. H.N.M. PRASAD, ADV., FOR R3 … RESPONDENTS MR. SANGMESH G. PATIL, ADV., FOR R4 & R5 R6 SERVED AND UNREPRESENTED) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO THE PETITIONER PRAYS THAT THE HON’BLE COURT MAY BE PLEASED TO INTERFERE WITH THE ORDER DATED 28.4.2018 PASSED ON I.A.NO.17 IN O.S.NO.42/2015 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC AT MOODIGERE BY SETTING ASIDE THE SAID ORDER AT ANNEXURE-A AND ETC.
WRIT PETITION NO.21528 OF 2019 BETWEEN:
MRS. ALICE MENEZES W/O LATE PASCAL MENEZES AGED ABOUT 88 YEARS PERMANENT RESIDENT OF LOVELY KHAN ESTATE, VATEKHAN NIDUVALE POST, BALUR HOBLI MUDIGERE TALUK CHIKMAGALORE DISTRICT-577132 PRESENTLY R/AT. CARE OF WALTER MENEZES NO.107, CLASSEQUE SYMPHONY BALIKA ASHRAM ROAD KANKANADY, MANGALURU-575002.
(BY MR. DILRAJ ROHIT SEQUEIRA, ADV.) AND:
1. THE STATE OF KARNATAKA ASSISTANT COMMISSIONER PRESIDENT, PARENTS AND SENIOR CITIZEN FOR MAINTENANCE AND WELFARE TRIBUNAL CHIKMAGALUR CHIKMAGALORE DISTRICT-577132.
2. THE STATION HOUSE OFFICER BALUR POLICE STATION MUDIGERE TALUK CHIKMAGALORE DISTRICT-577132.
3. FELIX WILLIUM MENEZES S/O LATE PASCAL MENEZES AGED ABOUT 58 YEARS R/AT. NEAR TELEPHONE EXCHANGE NIDUVALE POST BALUR HOBLI, MUDIGERE TALUK CHIKMAGALURU DISTRICT-577132.
… PETITIONER … RESPONDENTS (BY MR. VIJAYKUMAR A. PATIL, AGA FOR R1 & R2 MR. H.N.M. PRASAD, ADV., FOR R3) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R1 TO 2 TO EVICT THE R3 FROM LOVELY KHAN ESTATE, VATEKHAN, NIDULATE POST, BALUR HOBLI, MUDIGERE TALUK, CHIKMAGALORE DISTRICT-577132 AS PER THE ORDER UNDER PARENTS AND SENIOR CITIZEN FOR MAINTENANCE AND WELFARE TRIBUNAL CHIKMAGALUR, DATED 14-2-2018, CHIKKAMAGALORE PRODUCED AT ANNEXURE-B, WITHOUT RESTORING TO A BAILIFF & ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER The petitions are admitted for hearing. With consent of the learned counsel for the parties, the same are heard finally.
2. After arguing the matter to some extent, learned counsel for the petitioner seeks leave of this Court to withdraw the writ petitions with liberty to approach the appropriate forum seeking vacation of the order of injunction dated 28.04.2018 passed on I.A.No.17 which has been granted in favour of the respondent No.3 and thereafter, to approach the District Magistrate for implementation of the order under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
4. In view of the aforesaid submissions and in the facts of the case, the petitions are disposed of with liberty as prayed for.
Sd/- JUDGE RV