Mr F Jesus Sagaya Raj Vs Mrs F Philomina — Writ and Judicial Review | Karnataka HC (2026)

Mr F Jesus Sagaya Raj Vs Mrs F Philomina — Writ and Judicial Review | Karnataka HC (2026)

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NC: 2026:KHC:3711 WP No. 32918 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21^ST DAY OF JANUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.32918 OF 2025 (GM-CPC)

BETWEEN:

MR F JESUS SAGAYA RAJ S/O LATE D. FRANCIS, AGED ABOUT 51 YEARS, RESIDING AT NO.241/1, ABBAIAH REDDY LAYOUT, 7^TH MAIN, 6^TH CROSS, BANASAWADI, BENGALURU - 560 043.

…PETITIONER

(BY SRI. EUGENE PRABHU B, ADVOCATE) AND:

MRS F PHILOMINA AGED ABOUT 82 YEARS W/O. LATE D. FRANCIS, NO.614, OMBR LAYOUT,

Digitally signed by CHANDANA B M Location: High Court of Karnataka

1^ST MAIN, 4^TH CROSS, BANASAWADI, BANGALORE- 560 043.

MRS. ANTHONY VIMALA AGED ABOUT 56 YEARS, W/O LATE MR. R. MARIA SUSAI, NO.614, OMBR LAYOUT, 1^ST MAIN, 4^TH CROSS, BANASAWADI, BANGALORE- 560 043.

MRS. SAGAYA NIRMALA AGED ABOUT 54 YEARS, WO MR. WILLIAM ROBERT JOHN. NO.16, ACHINTYA NILAYA, SOMASHEKHAR REDDY LAYOUT, MARGONDANAHALLI, K.R.PURAM, BANGALORE-560 036.

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MRS. CATHERINE PARIMALA, AGED ABOUT 48 YEARS, W/O MR. AROKIYA RAJ, NO.17. 4^TH MAIN, 6^TH CROSS ROAD,

GANGANAGAR,

BANGALORE - 560 032.

MRS. MAGDALINE AROGYA MARY, AGED ABOUT 46 YEARS, W/O.MR.ARUL ANAND, NO.524. 46^TH CROSS STREET, NEW ASTC, V.O.C.NAGAR, HOSUR, TAMILNADU-635 109.

MRS. MARY PRIYA SAKILA, AGED ABOUT 42 YEARS, W/O MR. ANTHONY DEVA KUMAR, NO.B-18, SRI RAM NAGAR, 1^ST CROSS, H.A.L., NEXT TO TOTAL MALL, BANGALORE – 560 017.

…RESPONDENTS

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE EMERGENT NOTICE DATED 8^TH SEPTEMBER 2025 ISSUED IN THE O.S.NO.25937/2025 ON THE FILE OF LEARNED HON’BLE LXXIV ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-75) AT BANGALORE AS ARBITRARY, ILLEGAL AND WITHOUT JURISDICTION AGAINST RESPONDENTS 1 TO 6 AS THE PETITIONER IS HAVING DE JURI AND DE FACTO POSSESSION OVER THE SUIT SCHEDULE PROPERTY AND ETC.

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

CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

In this petition, the petitioner seeks the following reliefs:

“a) Issue a writ of certiorari quashing the Emergent Notice dated 8^th September 2025 issued in O.S.No.25937/2025 on the file of learned Hon’ble LXXIV Addl. City Civil &

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Sessions Judge (CCH-75) at Bangalore as arbitrary, illegal and without jurisdiction against respondent Nos.1 to 6 as the petitioner is having De juri and De facto possession over the suit schedule property, as per Annexure – D.

b) Issue a writ of mandamus restraining the respondents, their agents or any persons claiming under them, from evicting or interfering with the petitioner’s lawful possession of the Suit Schedule B & C property, without due process of law.

c) Issue a writ of mandamus or appropriate direction to the learned Addl. City Civil & Sessions Judge, Mayo Hall Unit, Bengaluru in O.S.No.25937/2025 to hear and dispose of I.A.Nos.1 & 2 under Order 39 Rules 1 & 2 CPC within one month;

d) Direct the respondents to maintain complete status quo over the Schedule property and to refrain from trespassing, obstructing or otherwise interfering with the petitioner’s possession;

e) Pass such other order or further reliefs as deemed fit to secure the ends of justice.”

Learned counsel for the petitioner submits that the petitioner restricts his prayer to prayer No.(c) in the petition, which seeks for a direction to the Trial Court for expeditious disposal of the applications – I.A.Nos.1 and 2 filed in O.S.No.25937/2025.

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NC: 2026:KHC:3711 WP No. 32918 of 2025

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The said submission is placed on record.

Accordingly, the petition is disposed of by directing the Trial Court to dispose of applications – I.A.Nos.1 and 2 filed in O.S.No.25937/2025, in accordance with law, as expeditiously as possible, preferably within a period of one month from 12.02.2026.

The parties are directed to co-operate with the Trial

Court for expeditious disposal of the applications.

Sd/(S.R.KRISHNA KUMAR) JUDGE

SV

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