- 1 - HC-KAR NC: 2026:KHC:26281 WP No. 15388 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MAY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 15388 OF 2026 (GM-CPC) BETWEEN: MR. JOHN STEPAN D’SOUZA S/O LATE PETER DSOUZA, AGED ABOUT 61 YEARS, RESIDING AT 1-32, KEDURU HOUSE, CHELURU POST, ULLAL TALUK, DAKSHINA KANNADA -574 153 …PETITIONER (BY SRI. CHIDANANDA KEDILAYA M., ADVOCATE) AND: 1. ST. THOMAS CHURCH AMMEMBALA, ULLAL TALUK, D.K. DISTRICT REPRESENTED BY ITS PARISH PRIEST REV. FATHER VINCENT SALDHANA, S/O STEPHAN SALDANHA, AGED ABOUT 65 YEARS 2. MR. VINCENT SALDANHA S/O STEPHAN SALDANHA, AGED ABOUT 65 YEARS, RESIDING AT KEDURU HOUSE, CHELURU POST, ULLAL TALUK, D.K.- 574 153 3. MR. ROBERT D'SOUZA S/O VALERIAN D’SOUZA, AGED ABOUT 55 YEARS, RESIDING AT BOLIYARU HOUSE, BOLIYAR POST AND VILLAGE, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26281 WP No. 15388 of 2026 ULLAL TALUK, D.K.- 574 153 4. MR. LANCY RODRIGUES, S/O NICHOLAS RODRIGUES, AGED ABOUT 50 YEARS, RESIDING AT PADEMARU HOUSE, SAJIPANADU POST AND VILLAGE, ULLAL TALUK, D.K. – 574 153 5. MRS. RESHMA D'SOUZA W/O NOEL DSOUZA, ADULT, RESIDING AT KOPPALAKODI HOUSE, CHELURU POST AND VILLAGE, ULLAL TALUK, D.K.- 574 153 6. MR. WALTER D'SOUZA, S/O DENNIS DSOUZA, AGED ABOUT 52 YEARS, RESIDING AT KOPPALA HOUSE, CHELURU POST AND VILLAGE, ULLAL TALUK, D.K. -574 153 7. MR. RONALD MORAS, S/O JOSEPH MORAS, AGED ABOUT 44 YEARS, RESIDING AT MULINJE HOUSE, SAJIPANADU POST AND VILLAGE, ULLAL TALUK, D.K. -574 231 8. MRS. DORA RODRIGUES, W/O JOHN FELIX SIQURA, AGED ABOUT 60 YEARS, RESIDING AT KOTEKANI HOUSE, CHELURU POST, ULLAL -574 153 9. MRS. ANISHA D'SOUZA, W/O AVILL D'SOUZA, AGED ABOUT 35 YEARS, RESIDING AT MARDAR HOUSE, BOLIYAR POST – 574 153 - 3 - HC-KAR NC: 2026:KHC:26281 WP No. 15388 of 2026 10. MR. JOSHWI TAURO, S/O ELLIAS TAURO, AGED ABOUT 60 YEARS, RESIDING AT POYYI HOUSE, CHELURU POST, ULLAL TALUK – 574 153 11. MRS. JECHINTA D'SOUZA, W/O JOHN D'SOUZA, AGED ABOUT 55 YEARS, RESIDING AT BOLIYA POST AND VILLAGE, ULLAL TALUK – 574 153 12. MRS. HELEN ROCHE, W/O FELIX DSOUZA, AGED ABOUT 60 YEARS, RESIDING AT CHELURU POST AND VILLAGE, ULLAL TALUK – 574 153 13. MRS. JECHINTA CRASTA W/O ROBERT DSOUZA, AGED ABOUT 39 YEARS, RESIDING AT BOLIVAR POST, MAJI VILLAGE- 574 153 14. MR. HERALD D'SOUZA S/O NORBERT D’SOUZA, AGED ABOUT 58 YEARS, RESIDING AT KOKUL HOUSE, BOLIYAR POST – 574 153 15. MR. SUNIL D'SOUZA S/O HENRY D’SOUZA, AGED ABOUT 27 YEARS, RESIDING AT BOLIYA HOUSE, CHELUR VILLAGE-574 153 16. MRS. HILDA MONTHERIO W/O JOHN VEGAS, AGED ABOUT 58 YEARS, - 4 - HC-KAR NC: 2026:KHC:26281 WP No. 15388 of 2026 RESIDING AT KEDURU HOUSE, CHELUR VILLAGE, ULLAL TALUK – 574 153 17. MR. ALWYN D'SOUZA PANEER, PRESIDENT, CATHOLIC SABHA, PANEER CHURCH, KOTEKAR, DERALAKATTE, MANGALORE – 575 018 …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION QUASHING THE ORDER DATED 06.05.2026 PASSED IN O.S. NO.4/2026 BY THE VACATION COURT, MANGALURU, ON I.A. NO.IV PRODUCED AS ANNEXURE-A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order passed in I.A.No.IV in O.S.No.4/2026 dated 06.05.2026 by the Vacation Court, Mangaluru, the petitioner/plaintiff is before this Court. 2. The petitioner had filed O.S.No.4/2026 seeking the relief of mandatory injunction, prohibitory injunction and restoration of the roadway. Along with the suit, plaintiff had filed I.A.Nos.4, 5 and 6 under Order 39 Rule 1 and 2 read with Section 151 of CPC seeking urgent interim protection against - 5 - HC-KAR NC: 2026:KHC:26281 WP No. 15388 of 2026 the continuing illegal acts of the respondents. The petitioner sought temporary injunction restraining the defendants from placing any obstructions to the plaintiff and his family members using remaining portion of RRR roadway and newly formed XXX roadway passing S.No.3/1A2 and 3/3B of Chelur Village until the restoration of the RRR roadway to its original condition. In I.A.No.5, the petitioner sought restraint against digging, damaging and interfering with the RRR roadway, gate and gate pillars situated in item No.2 of the schedule property. In I.A.No.6, the petitioner specifically sought mandatory interim directions for removal of mud, stones, barbed wire, fencing, gate pillars and other obstructions illegally created by the respondents and restoration of the RRR roadway to its original condition. The plaintiff had filed I.A.No.1 under Section 28 of the Civil Court Act seeking permission to file the suit before the Vacation Court. That application came to be allowed. 3. The Vacation Court by order dated 06.05.2026 had rejected I.A.No.4 and had observed that the photographs indicate some construction work is going on. The photographs also indicate tar road existed. The plaint pleadings indicate that the plaintiff had already filed a suit in O.S.No.92/2026 and in - 6 - HC-KAR NC: 2026:KHC:26281 WP No. 15388 of 2026 the said suit, the plaintiff had sought for injunction against the defendants from blocking RRR road. The said suit is still pending consideration. The plaint averment indicates that when there was no injunction granted in the said suit, the present suit was filed. A perusal of documents placed on record, there is dispute between the plaintiff and defendant No.1 Church with respect to the property. By considering the pleadings and documents placed on record, the Court is of the opinion that without hearing the defendants, no temporary injunction order can be passed. Accordingly, the application was rejected and directed the matter to be posted before the regular court on 03.06.2026. 4. Learned counsel for the petitioner has made submissions with regard to injunction that is sought and how the Court has failed to consider the same. Considering the fact that the matter is posted to 03.06.2026, this Court is not inclined to pass any orders or grant any interim protection. In that view of the matter, this court is passing the following order: - 7 - HC-KAR NC: 2026:KHC:26281 WP No. 15388 of 2026 ORDER i. Accordingly, the writ petition is disposed of directing the trial Court to consider the I.As. filed by the petitioner expeditiously. ii. This Court is not proposing to issue notice to the respondents as no adverse order is passed against them. iii. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 20