- 1 - HC-KAR NC: 2025:KHC:31734 WP No. 2723 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 2723 OF 2025 (GM-CPC) BETWEEN: 1. MANOJ PAIS S/O MICHAEL J.S. PAIS, AGED ABOUT 53 YEARS RESIDING AT REGENT PARK BESIDES ROSHNI NILAYA, VALENCIA, MANGALORE 2. SUDHIR PAIS S/O MICHAEL J.S. PAIS AGED ABOUT 50 YEARS, RESIDING AT CHOUEIRI BUILDING, P.O. BOX 21816, DUBAI, U.A.E. PRESENTLY RESIDING AT REGENT PARK BESIDES ROSHNI NILAYA, VALENCIA, MANGALORE. …PETITIONERS (BY SRI. RAGHAVENDRA SHENOY M., ADVOCATE) AND: 1. VINOD PAIS AGED ABOUT 51 YEARS, 2. MR. RITESH PAIS AGED ABOUT 46 YEARS, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31734 WP No. 2723 of 2025 NO.1 AND 2 ARE THE S/O LATE MICHAEL J.S. PAIS, RESIDING AT PAIS COMPOUND, YELMUDI, PUTTUR, D.K. 3. VIVIAN CASTELINO AGED ABOUT 66 YEARS, S/O PETER CASTELINO 4. DAFNY AGED ABOUT 56 YEARS, W/O VIVIAN CASTELINO 5. DAVINA AGED ABOUT 37 YEARS, D/O VIVIAN CASTELINO 6. DANIKA AGED ABOUT 32 YEARS, D/O VIVIAN CASTELINO NOS. 3 TO 6 ARE RESIDING AT PROVIDENCE COTTAGE, KALLARE, PUTTUR TALUK, D.K. 7. F. CLIFFORD D'SOUZA, AGED ABOUT 93 YEARS 8. HILDA D'SOUZA AGED ABOUT 95 YEARS, NOS.7 AND 8 ARE THE CHILDREN OF LATE LIGORI D'SOUZA AND ARE RESIDING AT PROVIDENCE COTTAGE, KALLARE, PUTTUR TQ. D.K. - 3 - HC-KAR NC: 2025:KHC:31734 WP No. 2723 of 2025 9. JAYAKUMAR R. NAIR AGED ABOUT 56 YEARS, S/O RAMAKRISHNAN NAIR RESIDING AT KANEKAL HOUSE, SAMPYA, PUTTUR, D.K. 10. SARITHA PAIS AGED ABOUT 59 YEARS, D/O HARRY PAIS, W/O JAGADISH RESIDING AT AKASHDEEPA, KEMMINJA 3RD CROSS, KOORNADKA, PUTTUR 11. SUNITHA PAIS AGED ABOUT 57 YEARS, D/O HARRY PAIS, RESIDING AT AL MULLA SECURITY SERVICES CO. P.O. BOX 177, SAFAT 13002, KUWAIT. 12. SUJITH PAIS AGED ABOUT 50 YEARS S/O HARRY PAIS RESIDING AT SANTHOSH NILAYA, PAIS COMPOUND, YELMUDY, PUTTUR D.K. 13. THE PUTTUR CITY MUNICIPAL CORPORATION, REP. BY ITS MUNICIPAL COMMISSIONER, PUTTUR CMC, PUTTUR TQ. D.K 14. THE MESCOM PUTTUR, REP. BY ITS ASSISTANT EXECUTIVE ENGINEER, PUTTUR TQ. D.K. - 4 - HC-KAR NC: 2025:KHC:31734 WP No. 2723 of 2025 15. F. NORBERT D'SOUZA AGED ABOUT 97 YEARS S/O LATE LIGORI D'SOUZA RESIDING AT PROVIDENCE COTTAGE, KALLARE, PUTTUR TQ. D.K. …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE LOWER COURT RECORDS IN O.S.NO.179/2020 ON THE FILE OF THE LEARNED II ADDL. CIVIL JUDGE AND JMFC, PUTTUR. PASS APPROPRIATE DIRECTIONS TO THE LEARNED II ADDL. CIVIL JUDGE AND JMFC, PUTTUR TO EXPEDITIOUSLY DISPOSE OF THE SUIT IN O.S.NO.179/2020 WITHIN THE TIME FIXED BY THIS HONOURABLE COURT. 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 petitioners are before this Court, seeking the following prayer: "a. Call for the lower court records in O.S.No.179/2020 on the file of the learned II Addl. Civil Judge and JMFC, Puttur. b. Pass appropriate directions to the learned II Addl. Civil Judge and JMFC, Puttur to expeditiously dispose of the suit in O.S.No.179/2020 vide - 5 - HC-KAR NC: 2025:KHC:31734 WP No. 2723 of 2025 Annexure-A within the time fixed by this honourable court. c. For the cost of the litigation. d. For such other and further relief based on the nature and circumstances of the case in the interest of justice and equity." 2. Heard Sri. Raghavendra Shenoy M., learned counsel appearing for the petitioners and have perused the material on record. 3. The petitioners are defendant Nos.9 and 10. A suit for declaration is filed by respondent Nos.1 and 2 - plaintiff Nos.1 and 2. The allegation is that despite passage of 5 years, the trial itself has not commenced before the concerned Court and the concerned Court has granted adjournments repeatedly. 4. In that light and suit being one of declaration, I deem it appropriate to direct the concerned Court to dispose the suit with an outer limit of one year from the date of receipt of a copy of this order. - 6 - HC-KAR NC: 2025:KHC:31734 WP No. 2723 of 2025 With the aforesaid observations, the petition stands disposed. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 49 CT: BHK