- 1 - HC-KAR NC: 2025:KHC:54461 WP No. 38489 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 38489 OF 2025 (GM-RES) BETWEEN: MRS PRISCILLA PATRAO W/O RAVI RICHARD D'SOUZA, D/O LATE JEROME PATRAO, AGED ABOUT 43 YEARS, R/AT 3-3, NEAR DEREBAIL CHURCH, PRASHANTH NAGAR, ASHOKNAGAR POST, MANGALORE-575006 …PETITIONER (BY SRI. GANAPATHI BHAT., ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER AND SUB-DIVISIONAL MAGISTRATE, MANGALORE SUB-DIVISION, MANGALORE, DAKSHINA KANNADA DISTRICT- 575001 2. MR. IGNATIUS CHARLES D'SOUZA, AGED ABOUT 74 YEARS, S/O LATE ANTHONY D SOUZA, 3. SMT. PHILOMENA D'SOUZA, AGED 74 YEARS W/O MR. IGNATIUS CHARLES D'SOUZA 4. MR. VINCENT D' SOUZA, AGED ABOUT 74 YEARS, 5. SMT. CARMELITA D'SOUZA, AGED 69 YEARS, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54461 WP No. 38489 of 2025 RESPONDENTS NO. 2 TO 5 ARE RESIDING AT NO.3-3, PRASHANTH NAGAR, 1ST MAIN ROAD, NEAR DEREBAIL CHURCH, MANGALORE, D.K 575006 …RESPONDENTS (BY SRI. B.S. SACHIN., ADVOCATE FOR C/R2; SRI. SIDARTH BABURAO., AGA FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI, QUASHING THE ORDER DATED 09.12.25 PASSED BY R1 ASSISTANT COMMISSIONER IN CASE NO. MSC/MSC-27/25 VIDE ANNX-M AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned AGA accepts notice for respondent no.1. Sri.B.S.Sachin, counsel accepts notice for respondents no.2 to 4. 2. The petitioner is before this Court seeking for the following reliefs; a. Issue writ of certiorari, quashing the order dated 09.12.2025 passed by R1-Assistant Commissioner in case No. MDC/MSC-27/2025 vide Annexure-M and; b. Grant such other and further reliefs as the Hon’ble Court deems fit to grant under the circumstances of the case, in the interest of justice and equity. - 3 - HC-KAR NC: 2025:KHC:54461 WP No. 38489 of 2025 3. The lis between the parties is already pending in WP No.20867/2024 which was recently listed on 06.11.2025, it was not permissible for the petitioner to have filed the present petition which amounts to challenging the order dated 20.12.2024 passed in the said writ petition by a Co-ordinate Bench. Though this Court could impose costs on the petitioner considering the relationship between the petitioner and the respondent, this Court refrains from doing so. Liberty is however reserved to the petitioner to move the said Court for such relief as may be advised. 4. The Writ Petition stands disposed. SD/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 4 Sl No.: 2