- 1 - HC-KAR NC: 2026:KHC:20169 WP No. 11679 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 11679 OF 2026 (GM-CPC) BETWEEN: 1. MEERA S SUVARNA AGED ABOUT 62 YEARS W/O LATE SHEKARA SUVARNA 2. RITHESH SUVARNA AGED ABOUT 39 YEARS S/O LATE SHEKARA SUVARNA 3. RAKSHITHA SUVARNA AGED 34 YEARS D/O LATE SHEKARA SUVARNA ALL ARE R/AT 'SUVARNA NIVAS' MANIPURA VILLAGE AND POST KAUP TALUK, UDUPI DISTRICT-576120 …PETITIONERS (BY SRI. SUDESH KUMAR ACHARYA., ADVOCATE) AND: 1. ST. LAWRENCE CHURCH MOODUBELLE, BELLE VILLAGE, KAUP TALUK, POST MOODUBELLE REP. BY ITS PRESENT PRESIDENT PARISH PRIEST AND ADMINISTRATOR REV. FR. GEORGE THOMAS D SOUZA AGED ABOUT 60 YEARS AND ALSO REP. BY ITS VICE PRESIDENT PRITISH BURTON D SA AGED ABOUT 35 YEARS Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:20169 WP No. 11679 of 2026 2. FELCY D SA AGED MAJOR W/O LATE BENEDICT D SA C/O MACRINA SYLVIA NOHONHA R/AT NO.A/102. SUNBEAM APARTMENTS HOLY CROSS ROAD, IC COLONY BORIVILI WEST MUMBAI-400103. 3. MRS. CYNTHIA DSOUZA AGED ABOUT 65 YEARS W/O LATE LAWRENCE DSOUZA R/AT NO.B/301 PINAD GARDEN, KADERPADA DAHSAR EAST, MUMBAI-400065. 4. MACRINA SYLVIA NORONHA AGE MAJOR W/O RONALD J C NORONHA R/AT NO.A/102, SUNBEAM APARTMENTS HOLY CROSS ROAD, IC COLONY BOROVILI WEST, MUMBAI-400103. 5. MRS.DIANA G D MELLO AGE MAJOR W/O GLEN D MELLO C/O MACRINA SYLVIA NORONHA R/AT NO.A/102, SUNBEAM APARTMENTS HOLY CROSS ROAD, IC COLONY BOROVILI WEST, MUMBAI-400103. 6. MR.JOHN MAXIM D SA AGED ABOUT 58 YEARS S/O LATE BENEDICRT D SA WINES AND SPIRIT DIVISION B MMI POST BOX NO.828 MANAMA BAHRAIN, UAE. 7. MR.ADRIN D SA AGED 56 YEARS S/O LATE BENEDICT D SA - 3 - HC-KAR NC: 2026:KHC:20169 WP No. 11679 of 2026 R/AT NO.B/404, ASMITHA HORIZON NAYA NAGAR, MIRA ROAD (E) THANE DISTRICT-401107. 8. MRS. JYOTHI SEQUEIRA AGED ABOUT 55 YEARS W/O ARUN SEQUEIRA C/O MACRINA SYLVIA NOROHHA R/AT NO.A/102, SUNBEAM APARTMENTS HOLY CROSS ROAD, IC COLONY BOROVILI WEST, MUMBAI-400103. 9. FR.RANJAN D SA AGED ABOUT 53 YEARS CARMELITE PRIEST C/O MACRINA SYLVIA NOROHHA R/AT NO.A/102, SUNBEAM APARTMENTS HOLY CROSS ROAD, IC COLONY BOROVILI WEST, MUMBAI-400103. 10. RATHNAKARA PAI AGED ABOUT 91 YEARS S/O GOPALA PAI R/AT MOODUBELLE POST BELLE, KAUP TALUK UDUPI DISTRICT-576120 …RESPONDENTS (BY SRI. RAKSHITH KUMAR, ADVOCATE FOR C/R1) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI, WRIT OR DIRECTION BY SETTING ASIDE THE IMPUGNED ORDER DATED-04.04.2026 PASSED IN IA.NO.03/2025 FILED IN RA.NO.03/2025 ON THE FILE OF THE COURT OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND ACJM, UDUPI, VIDE ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD - 4 - HC-KAR NC: 2026:KHC:20169 WP No. 11679 of 2026 ORAL ORDER 1. In this writ petition, the petitioners-defendant Nos.9 to 11 have called in question the order dated 04.04.2026 passed by the II Addl. Senior Civil Judge and ACJM, Udupi, (for short ‘First Appellate Court’) on I.A.No.3/2025 filed under Order XLV Rule 5(1) read with Section 151 of CPC in R.A.No.3/2025, whereby the said application has been rejected. 2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court in Original Suit. 3. The plaintiffs filed O.S.No.399/2011 before the Addl. Civil Judge and JMFC, Udupi, (for short ‘Trial Court’) seeking relief of possession. The Trial Court by judgment and decree dated 19.12.2024 decreed the suit. Aggrieved by the same, the defendant Nos.9 to 12 have filed R.A.No.3/2025 before the First Appellate Court. Along with the appeal, they have also filed I.A.No.3/2025 under Order - 5 - HC-KAR NC: 2026:KHC:20169 WP No. 11679 of 2026 XLI Rule 5(1) of CPC seeking stay of operation of the judgment and decree passed by the Trial Court. In the meantime, the plaintiffs filed an execution case in Execution No.299/2025 before the Executing Court. The First Appellate Court, by impugned order dated 04.04.2026 has rejected the application. Aggrieved by the impugned order, the writ petition is filed. 4. The appeal i.e., R.A.No.3/2025 filed by the petitioners herein is still pending before the First Appellate Court. Therefore, having regard to the facts and circumstances of the case, and without expressing any opinion on the merits of the matter, this Court deems it appropriate to dispose of the writ petition with a direction to the Executing Court not to proceed with the matter till the disposal of the R.A.No.3/2025 and direction to the First Appellate Court to dispose of R.A.No.3/2025 at the earliest. 5. Accordingly, the following order is passed: - 6 - HC-KAR NC: 2026:KHC:20169 WP No. 11679 of 2026 ORDER a) The writ petition is disposed of. b) The Executing Court is directed not to proceed with Ex.Case.No.299/2025 till the disposal of the R.A.No.3/2025 pending before the First Appellate Court. c) The First Appellate Court is directed to dispose of the R.A.No.3/2025 on or before the end of June 2026 in accordance with law, without being influenced by any observations made in the impugned order dated 04.04.2026. d) Parties are directed to co-operate for early disposal of the appeal. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 55