The High Court disposed of the writ petition filed under Article 227 as not maintainable. The court noted that the petition against specific respondents had been dismissed or abated due to non-appearance or lack of steps, and the remaining petition was unsustainable.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF MARCH 2022
BEFORE
THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY
WRIT PETITION No.8767 OF 2018 (GM-CPC)
BETWEEN:
Freeda Lobo, D/o Felix Lobo, Aged about 37 years, Residing at Lobos Nest, Mary Hill, Mangalore, D.K.District, Represented by her GPA Holder Felix Lobo, S/o. Cashmir Lobo, Aged about 62 years, Residing at Lob’s Nest, Mary Hill, Mangalore, D.K.District. PIN-575 008.
.. Petitioner
( By Sri Ravishankar Shastry G., Advocate )
AND:
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Rept. By its Rector
Fr.George Moolayil, Aged aobut 67 years, Residing at Mananthavady, Kerala. PIN-670 645.
Diocese of Mananthavady, Represented by its Rector Rev. Fr. Joseph Kallumkakakkal, Major, Hulimavu, Bangalore. PIN-565 076.
Sr.May Joseph, Major, Neria, Belthangady,
D.K.District. PIN – 574 222.
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9. The Pastoral Centra,
4
WP.No.8767/2018
Residing at Modapoika Post, Edakkara (Via) Malappuram, Kerala. PIN -676 110.
.. Respondents
(Respondent Nos.1, 2, 9, 12, 13, 14 and 15 are served; Vide order dated 03.03.2022, petition as against Respondent Nos.4, 5, 6, 8, 10 and 11 stands dismissed; and vide order dated 03.03.2022, petition as against Respondent Nos.3 and 7 stands abated)
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This Writ Petition is filed under Article 227 of the Constitution of India praying to issue writ of certiorari setting aside the order on IA.No.XIII in O.S.No.7/2011, dated 22.01.2018, passed by the learned Prl.Sr.Civil Judge & JMFC, Belthangady, D.K. certified copy of which is produced at Annexure-A and consequently IA No.XIII in O.S.No.7/2011 be allowed as prayed for.
This Writ Petition coming on for Orders through Physical Hearing/Video Conferencing Hearing, this day, the Court made the following:
ORDER
Learned counsel for the petitioner, who is physically present in the Court, fairly concedes that in view of the fact that the writ petition as against respondent Nos.4, 5, 6, 8, 10 and 11 since has stood dismissed for not taking steps, as well the writ petition stands abated as against respondent Nos.3 and 7, the petition as against the remaining respondents alone is not maintainable as the respondent Nos.4, 5, 6, 8, 10 and 11 were also the contesting respondents. He further submits that since the petitioner is said to be living abroad, he could not contact the petitioner despite his maximum efforts.
In the light of the above submission, the Writ Petition stands disposed of as not maintainable in view of
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dismissal of the writ petition as against respondent Nos.4, 5, 6, 8, 10 and 11, as well abatement of the writ petition as against respondent Nos.3 and 7.
Sd/JUDGE
bk/
1 issue framed by the court
Whether the writ petition is maintainable after the dismissal of the petition against certain respondents and its abatement against others.
2 provisions across 1 enactments
Freeda Lobo represented by Felix Lobo
Lord Bishop of Mananthavady, Diocese of Mananthavady
The Procurator, Diocese of Mananthavady
Mount Mary College
San Thome Study House, Bangalore
Kristu Dasi Congregation
Dr. H.B. Prabhakar Sastry
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
