IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF NOVEMBER 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.27654 OF 2018 (GM-CPC) BETWEEN:
ST. PETER’S CHURCH ULLAL, MANGALURU REP. BY ITS PRESENT INCUMBENT PRIEST REV. FR. JOHN BAPTIST SALDANHA S/O LATE HENRY SALDANHA AGED ABOUT 53 YEARS PARISH PRIEST ST. PETER’S CHURCH ULLAL, MANGALURU-575020.
(BY MR. CYRIL PRASAD PAIS, ADV.) AND:
1. SAROJINI R. PRABHU 2. DINESH PRABHU 3. PRAKASH PRABHU 4. RAMESH PRABHU RESPONDENT NO.1 IS THE WIFE AND RESPONDENT NOS.2 TO 4 ARE THE CHILDREN OF KOLKARE NARAYAN PRABHU ADULTS, R/AT. LAXMI NILAYA KADRI TEMPLE ROAD, MANGALURU-575002.
5. GOVERNMENT OF KARNATAKA REP. BY THE DEPUTY COMMISSIONER DAKSHINA KANNADA DISTRICT MANGALURU-575001.
… PETITIONER 6. REV. FR. HAROLD C. D’SOUZA AGED ABOUT 55 YEARS S/O BASIL D’SOUZA PARISH PRIEST PRESENTLY RESIDING AT MUKKA, MANGALURU-574146.
(BY SMT. H.R. ANITHA, HCGP) - - -
… RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 24.4.2018 PASSED BY THE 3RD ADDL. CIVIL JUDGE AND JMFC MANGALURU, DAKSHINA KANNADA ON I.A.NO.12 IN O.S.975/2010 FILED BY THE PETITIONER UNDER ORDER 26 RULE 9 R/W SEC. 151 OF THE CODE OF THE CIVIL PROCEDURE VIDE ANNEX-A AND CONSEQUENTLY ALLOW THE APPLICATION FILED BY THE PETITIONER & ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Cyril Prasad Pais, learned counsel for the petitioner.
Smt.H.R.Anitha, learned High Court Government Pleader for the respondent.
2. Heard on the question of admission.
3. After arguing the matter to some extent, learned counsel for the petitioner seeks leave of this Court to withdraw the writ petition with liberty to challenge the order dated 24.04.2018 in an appeal, if occasion so arises.
Accordingly, the writ petition is dismissed as withdrawn with liberty as aforesaid.
Sd/- JUDGE RV