- 1 - HC-KAR NC: 2025:KHC:24389 WP No. 16331 of 2025 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. 16331 OF 2025 (GM-CPC) BETWEEN: M.M.DANIEL AGED ABOUT 72 YEARS S/O LATE M.MATHEW R/O SHIJU NIVAS, 11TH CROSS RML NAGAR, RAM MOHAN LOHIYA NAGAR SHIVAMOGGA CITY – 577 201. …PETITIONER (BY SRI S.V.PRAKASH, ADVOCATE) AND: 1. REV.PAUL F.SHINDHE PRESBYTER INCHARGE CSI ST.THOMAS CHURCH OPP. TO OLD TALUK OFFICE SHIVAMOGGA CITY - 577 201. 2. VIJAYA KUMAR DANDIN HONORARY SECRETARY CHURCH OF SOUTH INDIA KARNATAKA NORTHERN DIOCESE ALL SAINTS CHURCH COMPOUND HALIYAL ROAD, DHARWAD – 580 008. 3. REV.RAJU C., MANGALORE HONORARY Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:24389 WP No. 16331 of 2025 ASSOCIATE SECRETARY CHURCH OF SOUTH INDIA KARNATAKA NORTHERN DIOCESE ALL SAINTS CHURCH COMPOUND HALIYAL ROAD, DHARWAD - 580 008. 4. RT. REV. DR. MARTIN BORGAI BISHOP, CHURCH OF SOUTH INDIA KARNATAKA NORTHERN DIOCESE ALL SAINTS CHURCH COMPOUND HALIYAL ROAD, DHARWAD – 580 008. …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE LEARNED 4TH ADDL. CIVIL JUDGE AND JMFC, SHIVAMOGGA TO CONSIDER AND DISPOSE OF THE APPLICATION MADE UNDER IA NO. 1 AND 4 IN OS NO. 253/2024 AS EXPEDITIOUSLY AS POSSIBLE. 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-plaintiff is before this Court seeking the following prayers: "a) Issue a writ in the nature of mandamus directing the Learned 4th Additional Civil Judge & JMFC, Shivamogga to consider and dispose of the application made under I.A.No.1 and 4 in O.S.No.253/2024 as expeditiously as possible. - 3 - HC-KAR NC: 2025:KHC:24389 WP No. 16331 of 2025 b) Issue any other appropriate writ or order or direction as the Hon'ble Court deems it appropriate in order to secure the ends of justice. c) Award the cost of this proceeding." 2. Heard Sri.S.V.Prakash, learned counsel for the petitioner and have perused the material on record. 3. The petitioner institutes O.S.No.253/2024 seeking declaration and permanent injunction. In support of the said prayer, an application in I.A.No.1 is preferred under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908. The said application is said to be pending even as on date, as the concerned Court is proceeding further without answering the said application. It is therefore, the aforesaid prayer is sought. 4. In the light of the prayer being innocuous and it is only for disposal of the application being filed under Order XXXIX Rules 1 and 2 read with Section 151 of the CPC, I deem it appropriate to dispose the petition with a direction to the concerned Court to pass necessary orders on application filed under Order XXXIX Rules 1 and 2 read with Section 151 of the - 4 - HC-KAR NC: 2025:KHC:24389 WP No. 16331 of 2025 CPC, within four weeks from the date of receipt of the copy of the order, if not already passed. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 48 CT:SS