IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 6TH DAY OF DECEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO. 51572 OF 2019 (GM-CPC) BETWEEN:
THE CHURCH OF SOUTH INDIA, KARNATAKA SOUTHERN DIOCESE, BALMATTA, MANGALORE. REPRESENTED BY THE POWER OF ATTORNEY HOLDER RT. REV.BISHOP, MOHAN MANORAJ.
(BY SRI. SHAILESH S KATAREY, ADVOCATE) AND:
REV OSMAND N SHIRI, FATHERS NAME NOT KNOWN TO THE PETITIONER, AGED ABOUT 49 YEARS, CSI SWADAY MEMORIAL CHURCH QUARTERS, TILAKNAGAR, MYSURU – 570 001.
... PETITIONER ... RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE PRL. CIVIL JUDGE AND JMFC, MANGALURU TO HEAR IA.NO.1 VIDE ANNEXURE-J AND I.A.NO.2 VIDE ANNEXURE-K IN O.S.NO.1518/2018 AND PASS SUITABLE ORDERS EXPEDITIOUSLY PREFERABLE WITHIN 30 DAYS.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioner being the plaintiff in an injunction suit in O.S.No.1518/2018 is knocking at the doors of Writ Court for an innocuous prayer, namely, a direction for early consideration and disposal of his applications filed under Order 39 Rules 1 & 2 of CPC, 1908.
2. Regard being had to innocuous nature of the prayer and also because the respondent-defendant shall have an opportunity of hearing in the Court below, notice to him is dispensed with.
3. In almost identical fact matrix, this court has directed expeditious consideration of the applications of the kind and therefore the petitioner being similarly circumstanced, needs to be granted similar relief on the principle of parity, arguably there being no repugnant factors.
In the above circumstances, this writ petition is disposed of directing the learned Principle Civil Judge, Mangalore to consider and dispose off petitioner’s applications in I.A. Nos. 1 & 2 preferably within a period of six weeks in accordance with law and after hearing the other stake holder as well.
All contentions are kept open.
Sd/- JUDGE Snb/