Karnataka High Court
Belgaum Diocese Board Of Education vs Rev Bro Henry Sequeira Csc on 20 February, 2023
Author: S.R. Krishna Kumar
Bench: S.R. Krishna Kumar
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WP No. 103568 of 2021
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 20TH DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE S.R. KRISHNA KUMAR
WRIT PETITION NO. 103568/2021 (GM-CPC)
BETWEEN:
BELGAUM DIOCESE BOARD OF EDUCATION
BISHOP'S HOUSE B.C. 69, CAMP, BELAGAVI 590001,
A SOCIETY REGISTERED UNDER THE MYSORE
SOCIETY REGISTRATION ACT 1960, REPRESENTED
BY ITS PRESENT SECRETARY, REV. FR. NELSON PINTO,
AGE: 50 YEARS, OCC.: SECRETARY, B.D.B.E. BELAGAVI,
R/ B.C. 69, BELGAUM DIOCESE BOARD OF EDUCATION
AND SOCIAL WELFARE CAMP, BELAGAVI 590001.
- PETITIONER
(BY SRI. R.M. KULKARNI, ADVOCATE)
AND:
1. REV. BRO. HENRY SEQUEIRA CSC,
THE BROTHERS OF HOLY CROSS,
47, ST MARK'S ROAD, BENGALURU 560001.
REV. BRO. HENRY SEQUEIRA CSC
ANUGRAHA SOCIAL CENTER,
HOLY CROSS BROTHERS, BELMARADODDI,
BANNERUGHATTA, BENGALURU 560001.
2. FR. FIDELINO ARAUJO, AGE: 70 YEARS,
OCC: PARISH PRIEST, R/O ST. JOSEPH'S CHURCH,
KESHWAPUR, HUBBALLI 580023.
- RESPONDENTS
Digitally signed by
(BY SRI. SADIQ N. GOODWALA, ADVOCATE FOR R2,
CHANDRASHEKAR
LAXMAN NOTICE TO R1 IS SERVED)
KATTIMANI
Location: High
Court of Karnataka,
Dharwad THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED
06.11.2019 IN O.S.NO.151/2019 ON THE FILE OF I ADDITIONAL SENIOR
CIVIL JUDGE, HUBBALLI PRODUCED AS PER ANNEXURE-A AND ORDER
DATED 13.08.2021 PASSED ON I.A.NO.1/2019 IN OS.NO.151/2019 ON THE
FILE OF I ADDITIONAL SENIOR CIVIL JUDGE, HUBBALLI, PRODUCED AS
PER ANNEXURE-B & ETC.
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WP No. 103568 of 2021
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
This writ petition is directed against the impugned order dated 06.11.2019 and 13.08.2021 passed in O.S. No. 151/2019 on the file of the First Addl. Sr. Civil Judge, Hubballi.
2. I have heard learned counsel for the petitioner and the learned counsel for respondent No.2 and perused the material on record including the impugned order.
3. The material on record discloses that the petitioner herein filed the aforesaid suit for recovery of money and other reliefs against the respondents/ defendants, who contested the suit. When the matter was posted on 06.11.2019 for evidence the petitioner remained absent on account of which the trial Court proceeded to dismiss the suit for non-prosecution. Subsequently, the petitioner filed the application u/S 151 CPC seeking recall of the said order dismissing the suit for non prosecution. By the subsequent impugned order dated 13.08.2021, the trial Court rejected the said application also on the ground that an application u/S 151 CPC would not be maintainable. Aggrieved by the -3- WP No. 103568 of 2021 impugned order the petitioner is before this Court by way of the present writ petition.
4. A perusal of the impugned order will indicate that the trial Court has adopted hyper technical approach in refusing to provide one more opportunity in favour of the petitioner to adduce evidence and by dismissing the suit for non prosecution as well as refusing to recall the said order without appreciating that having regard to the nature of the suit and dispute involved between the parties it would be just and proper to provide one more opportunity to the petitioner to prosecute the suit on merits and consequently the impugned order passed by the trial Court having occasioned failure of justice, the same deserves to be set aside subject to the petitioner paying costs of Rs.5,000/- to the respondent No.2- defendant No.2 before the trial Court.
5. In the result, I pass the following order.
ORDER
i) Writ Petition is allowed;
ii) Impugned order dated 06.11.2019 and 13.08.2021 passed in O.S. No. 151/2019 on the file of the First Addl. Sr. Civil Judge, Hubballi is set aside;
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iii) Consequently, the suit of the petitioner-plaintiff is restored to file subject to payment of costs of Rs.5,000/- to the respondent No.2-defendant No.2 before the trial Court.
Sd/-
JUDGE BVV List No.: 1 Sl No.: 95