- 1 - HC-KAR NC: 2025:KHC:24438 WP No. 17149 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. 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: MR. VICTOR D’MELLO, S/O LATE LAWRENCE D’MELLO, AGED ABOUT 62 YEARS, R/AT VISMITH, DOOPADAKATTE, 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. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:24438 WP No. 17149 of 2025 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. - 3 - HC-KAR NC: 2025:KHC:24438 WP No. 17149 of 2025 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 List No.: 1 Sl No.: 53 CT:SS