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High Court of Karnataka · body

2026 DAILYLAW 24090 (KAR)

MRS THELMA D SOUZA v. MR MICHAEL D SOUZA

WP/14187/2026 · 2026-06-19

Lalitha Kanneganti

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:30491 WP No. 14187 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.14187 OF 2026 (GM-CPC) BETWEEN: 1. MRS THELMA D.SOUZA AGED ABOUT 46 YEARS, D/O LATE LAWRENCE D'SOUZA 2. MR. ADOLF RAJESH D'SOUZA, AGED ABOUT 39 YEARS, S/O LATE LAWRENCE D'SOUZA, RESIDING AT HAPPY VILLA KADALAKERE HOUSE, PUTTHIGE VILLAGE, MANGALORE TALUK - 574 226. 3. MRS. MARY D'SOUZA, AGED ABOUT 74 YEARS, W/O LATE LAWRENCE D'SOUZA, RESIDING AT HAPPY VILLA KADALAKERE HOUSE, PUTHIGE VILLAGE, MANGALORE TALUK - 574 227. …PETITIONERS (BY SMT. SHWETHA NAYAK N., ADVOCATE FOR SRI. DHANANJAY KUMAR, ADVOCATE) AND: 1. 1a MR MICHAEL D’SOUZA (SINCE DECEASED) MRS. JACINTHA D' SOUZA AGED ABOUT 59 YEARS, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30491 WP No. 14187 of 2026 2. JOHN PAUL D' SOUZA AGED ABOUT 56 YEARS, 3. MR. RICHARD D'SOUZA, AGED ABOUT 54 YEARS, RESPONDENTS NO.1 TO 3 ARE RESIDING AT NEAR ST. IGNATIUS SCHOOL, KADALAKERE, PUTHIGE VILLAGE, MITHABAIL POST, MOODABIDRI TALUK - 574 226 4. MRS. THEREZA MENDONCA (SINCE DECEASED) HILDA MENONCA, AGED ABOUT 52 YEARS, 5. HENRY MENDONCA, AGED ABOUT 50 YEARS, 6. IRENE MENDONCA, AGED ABOUT 47 YEARS, 7. BENET MENDONCA, AGED ABOUT 45 YEARS, 8. JOHN MENDONCA AGED ABOUT 42 YEARS, 9. JYOTHI MENDONCA, AGED ABOUT 40 YEARS, 10. SEVRINE MENDONCA, AGED ABOUT 50 YEARS, 11. MISS. SHAINY MENDONCA, AGED ABOUT 22 YEARS, 12. MISS.SONIYA MENDONCA, AGED ABOUT 18 YEARS, - 3 - HC-KAR NC: 2026:KHC:30491 WP No. 14187 of 2026 R4 TO R12 ARE CHILDREN OF LATE THERESA MENDONCA, NO.10 IS THE WIFE OF LATE STANY MENDONCA AND R11 AND R12 ARE CHILDREN OF LATE STANY MENDONCA ADDRESS SHEDIGURI HOUSE, MOODBIDRI TALUK, HOSABETTU POST AND VILLAGE, D.K. DIST - 574 887 13. MR. XAVIER D'SOUZA, AGED ABOUT 74 YEARS, 14. MR.ANTHONY D'SOUZA, AGED ABOUT 68 YEARS, 15. MRS. SATUMA D'SOUZA, AGED ABOUT 61 YEARS, 16. MR. REMEDIA D'SOUZA, AGED ABOUT 56 YEARS, 17. MRS. VICTORIA D'SOUZA, AGED ABOUT 54 YEARS, MRS. JULIANA D'SOUZA (SINCE DECEASED) 18. MRS. LAVINA D'SOUZA, AGED ABOUT 46 YEARS, 19. MR. ALFRED D'SOUZA, AGED ABOUT 54 YEARS, JULIANA D'SOUZA (8TH RESPONDENT) IS THE WIFE AND RESPONDENTS NO.18 TO 19 ARE THE CHILDREN OF LATE FELIX D'SOUZA. 20. MRS. ZITA D'SOUZA, AGED ABOUT 51 YEARS, - 4 - HC-KAR NC: 2026:KHC:30491 WP No. 14187 of 2026 21. MRS. JULIANA D'SOUZA, AGED ABOUT 48 YEARS, 22. MR. JOHN BAPTIST D'SOUZA AGED ABOUT 46 YEARS, 23. MR. PAUL D'SOUZA AGED ABOUT 44 YEARS 24. MR. GEORGE D'SOUZA, AGED ABOUT 42 YEARS, THE RESPONDENTS NO.11 TO 15 ARE CHILDREN OF LATE RAMEJIES D'SOUZA. ALL RESPONDENTS ARE THE RESIDENTS OF KADALAKERE HOUSE, PUTTIGE VILLAGE, MANGALORE TALUK, POST MITHABAILU - 574 226 25. MRS. ROSY MARY D'SOUZA, AGED ABOUT 74 YEARS, W/O LATE RAMEJIES DSOUZA, R/AT AT KADALAKERE HOUSE, PUTTIGE VILLAGE, MANGALORE TALUK - 574 227 …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE TRIAL COURT, SENIOR CIVIL JUDGE AND JMFC, MOODBIDRI TO EXPEDITIOUSLY DISPOSE OF F.D.P.NO.6/2025 VIDE ANNEXURE-A ARISING OUT OF O.S.NO.218/2023, WITHIN A TIME-BOUND PERIOD (B) ISSUE ANY OTHER ORDER OR DIRECTION UNDER THE FACTS AND CIRCUMSTANCES OF THE PRESENT CASE, TO GRANT SUCH OTHER RELIEF AS THIS - 5 - HC-KAR NC: 2026:KHC:30491 WP No. 14187 of 2026 HON'BLE COURT WOULD DEEM FIT TO BE GRANTED, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking a mandamus directing the trial Court, Senior Civil Judge and JMFC, Moodbidri, to expeditiously dispose of FDP No.6/2025, arising out of O.S.No.218/2023. 2. The FDP is of the year 2025. Hence, this Court does not find any reason to issue a mandamus to the trial Court. Accordingly, writ petition is dismissed. SD/- (LALITHA KANNEGANTI) JUDGE PB List No.: 1 Sl No.: 5