- 1 - NC: 2025:KHC:11277 WP No. 530 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 530 OF 2025 (GM-CPC) BETWEEN: REV.FR.FRANCIS VARADARAJU AGED ABOUT 38 YEARS S/O. MR. FRANCIS NO.67, M.DASAPURA NUGGEHALLI HOBLI AKKANAHALLI POST CHANNARYAPATNA TALUK HASSAN DISTRICT-573 131 PERMANENTLY R/AT BASTHIPURA BEHIND ST. ANTHONY'S CHRUCH KOLLEGAL TALUK CHAMARAJANAGAR DISTRICT-571 440. …PETITIONER (BY SRI. MUKKANNAPPA S B., ADVOCATE) AND: 1. REV. DR. LUIS ANTONIO GOKIM TAGALE CARDINAL PREFECT AGED ABOUT 52 YEARS CONGRIATION FOR THE EVANGELIZATION OF PEOPLES PALAZZO DI PROPAGANDA FIDE 00187,PIAZZA DI SPAGNA 48 ROMA. 2. REV.DR. LEOPOLDO GIRELLI AGED ABOUT 60 YEARS APOSTOLIE NUNCIO TO INDIA APOSTOLIE NUNCIATURE 50-C, NITHI MARG, CHANUKYAPURI NEW DELHI-110 021. Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11277 WP No. 530 of 2025 3. REV. DR.T. ANTHONY SWAMY AGED ABOUT 59 YEARS BISHOP OF CHIKMAGALUR JYOTHI NILAYA JYOTHI NAGAR POST CHIKMAGALUR 577 102. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE I ADDL. CIVIL JUDGE AND JMFC, CHIKKAMAGALUR, DISPOSE THE O.S NO.211/2022 VIDE ANNEXURE-E WITHIN THREE MONTHS AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. This writ petition under Articles 226 and 227 of the Constitution of India is filed by the petitioner-plaintiff, seeking a direction from this Court to the I Additional Civil Judge and JMFC, Chikkamagaluru to dispose of I.A.No.III filed by defendant No.3 under Section 9 read with Section 151 of CPC as expeditiously as possible. 2. Even though the petitioner seeks for a direction to dispose of the suit, learned counsel for the petitioner submits that the petitioner restricts his prayer only - 3 - NC: 2025:KHC:11277 WP No. 530 of 2025 seeking direction to dispose of the application i.e. I.A.No.III. 3. Since the petitioner is only seeking a direction to dispose of the said application, service of notice to the respondents is not necessary and the same is dispensed with. 4. The plaintiff has filed the suit for declaration to declare that the decree/order of dismissal of the plaintiff by defendant No.1 is null and void. Defendant No.3 has filed I.A.No.III under Section 9 read with Section 151 of CPC, seeking for rejection of the suit on the ground that the suit is not maintainable under Section 9 of CPC. I.A.No.III is filed on 17.02.2023. Till today, no order has been passed on the said application and also the matter is also pending. 5. Learned counsel for the petitioner has submitted that the petitioner has filed the detailed objection to I.A.No.III filed by defendant No.3, wherein he has stated that this - 4 - NC: 2025:KHC:11277 WP No. 530 of 2025 Court in the similar circumstance, has held that the suit is maintainable. Till today, no order has been passed on I.A.No.III. Hence, he sought for direction to the trial Court for early disposal of the said application. 6. In view of the above, without expressing any opinion on the merits of the case, the writ petition is disposed of. 7. The I Additional Civil Judge and JMFC, Chikkamagaluru is directed to dispose of I.A.No.III filed by defendant No.3 under Section 9 read with Section 151 of CPC, as expeditiously as possible, not later than three months from the date of receipt of certified copy of this order. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 8