Ms. Leena Roche vs Mr. Victor D Mello
2025 Latest Caselaw 767 Kant

Karnataka High Court

Ms. Leena Roche vs Mr. Victor D Mello on 7 July, 2025

Author: M.Nagaprasanna

Bench: M.Nagaprasanna

                                        -1-
                                                     NC: 2025:KHC:24438
                                                 WP No. 17149 of 2025


               HC-KAR



                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 7TH DAY OF JULY, 2025

                                      BEFORE
                      THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
                      WRIT PETITION NO. 17149 OF 2025 (GM-CPC)
               BETWEEN:

               MS. LEENA ROCHE,
               W/O LATE FRANK J.B.ROCHE,
               AGED ABOUT 77 YEARS,
               RESIDING AT "FRANKLIN DENDOLA",
               DOOPADAKATTE, 52 HEROOR VILLAGE,
               BRAHMAVARA TALUK, UDUPI - 576 213.
               SENIOR CITIZENSHIP BENEFIT CLAIMED.
                                                          ...PETITIONER
               (BY SRI. CLIVE JOHNS QUADROS, ADVOCATE
                   SRI. VIOLA RODRIGUES, ADVOCATE)

               AND:

Digitally      MR. VICTOR D'MELLO,
signed by
NAGAVENI       S/O LATE LAWRENCE D'MELLO,
Location:      AGED ABOUT 62 YEARS,
High Court     R/AT VISMITH, DOOPADAKATTE,
of Karnataka
               52 HEROOR VILLAGE, BRAHMAVARA TALUK,
               UDUPI - 576 213.
                                                         ...RESPONDENT
                    THIS WP IS FILED UNDER ARTICLE 227 OF THE
               CONSTITUTION OF INDIA PRAYING TO DIRECT THE HON'BLE
               ADDL. CIVIL JUDGE AND JMFC, UDUPI (ITINERATING AT
               BRAHMAVARA) TO DISPOSE THE MISC. NO.15/2022 FILED BY
               THE RESPONDENT, EXPEDITIOUSLY WITHIN A TIME FRAME AS
               MAY BE DIRECTED BY THIS HON'BLE COURT VIDE ANNEXURE -
               A AND ETC.
                                -2-
                                               NC: 2025:KHC:24438
                                           WP No. 17149 of 2025


 HC-KAR



    THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:


CORAM:      HON'BLE MR. JUSTICE M.NAGAPRASANNA


                          ORAL ORDER

The petitioner is before this Court seeking the following prayer:

"a. Issue a writ in the nature of Mandamus or any other Writ directing the Hon'ble Addl. Civil Judge & JMFC, Udupi (itinerating at Brahmavara) to dispose the Misc. No.15/2022 filed by the Respondent, expeditiously within a time frame as may be directed by this Honorable Court vide Annexure-A;

b. Grant such other relief's or pass such other orders as this Hon'ble Court may deem fit in the facts and circumstances of the case, in the interest of justice and equity."

2. Heard Sri. Clive Johns Quadros, learned counsel for

Sri.Viola Rodrigues, learned counsel appearing for the

petitioner and have perused the material on record.

3. Petitioner is the plaintiff in O.S.No.237/2021. The

suit is decreed placing the respondent ex parte. A Miscellaneous

Petition is preferred by the respondent seeking to set aside the

judgment and decree dated 18.10.2021 in O.S.No.237/2021.

NC: 2025:KHC:24438

HC-KAR

The said application is still pending adjudication before the

concerned Court, notwithstanding that it is filed three years

back. In that light, the petitioner is befere this Court seeking

the aforesaid prayer.

4. In the light of the prayer being innocuous, only to

pass an order on the main petition so preferred, I deem it

appropriate to dispose the petition directing the concerned

Court to dispose the Miscellaneous Petition within an outer limit

of three months, from the date of receipt of copy of the order.

Ordered accordingly.

Sd/-

(M.NAGAPRASANNA) JUDGE

CBC

CT:SS