IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.5575/2019 (GM-CPC) BETWEEN:
B.D.RASQUINA, W/O V.J.P.PAIS, AGED ABOUT 67 YEARS, R/O OLD PSOT OFFICE ROAD, SHVIAMOGGA.
(BY SRI. S.B.HALLI, ADVOCATE) AND:
1. GEROGE RASQUINHA, S/O LATE BAZIL RASQUINHA, AGED ABOUT 75 YEARS, R/O NO 72, KARAMCHANDRA LAYOUT, LINGARAJAPURAM, BENGALURU – 84.
2. FR.FRANCIS RASQUINHA, AGED ABOUT 65 YEARS, MOTHER MARY CHURCH, HASSAN ROAD, HOLENARSIPURA – 573211.
VINCENT RASQUINHA, DEAD BY HIS LRS, 3. PHILOMENA RASQUINHA W/O LATE VINCENT RASQUINHA AGED ABOUT 70 YEARS, 4. ROCHELLE RAQUINHA, D/O LATE VINCENT RASQUINHA, AGED ABOUT 37 YEARS, … PETITIONER 5. MITCHELLE RASQUINHA, D/O LATE VINCENT RASQUINHA, AGED ABOUT 36 YEARS, 6. MARK RASQUINHA, S/O LATE VINCENT RASQUINHA, AGED ABOUT 31 YEARS, R3 TO R-6, R/O NO 6, 1ST CROSS, 1ST MAIN DODDARAMANNA LAYOUT, HENNUR CROSS, KALYAN NAGAR, BENGALURU - 43 7. SR MARIA GORETTI, D/O LATE BAZIL RASQUINHA, AGED ABOUT 82 YEARS, R/O ST CHARLES CONVENT, NEW TOWN, BHADRAVATHI – 577301.
8. THERESA PINTO, W/O MR W.J.PINTO, AGED ABOUT 77 YEARS, R/O NO-6, 5TH CROSS, HUTCHINS ROAD, ST THOMAS TOWN, BENGALURU – 84. … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTION TO THE LEARNED DISTRICT AND SESSIONS JUDGE AT SHIVAMOGGA TO CONSIDER THE IA NO.1/2016 FILED UNDER ORDER 41 RULE 5 OF CPC IN RA NO.15/2016 (ANNEXURE-F).
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER The petitioner being the defendant in O.S.No.202/2013 having suffered judgment and decree, has preferred Regular Appeal in RA.No.15/2016 and his application in I.A.No.1/2016 for stay of the judgment and decree in appeal having remained unconsidered, has knocked at the doors of this Court for a direction to have it considered.
2. In view of the innocuous prayer, the notice to respondents having been dispensed with, this writ petition is favoured since in the absence of stay of the impugned judgment and decree, petitioner runs the risk of suffering an adverse order in the pending FDP No.14/2016. This is not a desirable state of affair especially when the right to speedy remedy is recognized by the Apex Court, in a catena of decisions.
In the above circumstances, the learned District & Sessions Judge, Shivamogga is requested to take up petitioner’s application in I.A.No.1/2016 filed in R.A.No.15/2016 for consideration forthwith and pass orders before long.
It is open to the petitioner to make a request to the FDP Court for grant of reprieve mentioning about this judgment.
Accordingly, the Writ Petition is disposed off.
Sd/- JUDGE DS