MRS. FLORENCE DOLERS MATHIAS vs MRS. ROSEMARY ALBUQUERQUE
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:59511
WP No. 32690 of 2026
C/W WP No. 32722 of 2026
CNR: KAHC010717662026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 27 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT PETITION NO. 32690 OF 2026 (GM-CPC)
C/W
WRIT PETITION NO. 32722 OF 2026 (GM-CPC)
IN WP No. 32690/2026
BETWEEN:
1. MRS. FLORENCE DOLERS MATHIAS
WIFE OF JOSEPH REGINALD MATHIAS
AGED ABOUT 90 YEARS,
PERMANENTLY RESIDING AT
STRATHMORE HOUSE, 23/1,
REST HOUSE ROAD, BENGALURU- 560 001.
2. MRS. MEETA PRABHU
WIFE OF VIJAY PRABHU
AGED ABOUT 50 YEARS,
RESIDING AT WELLINGTON HOUSE,
SUMMER HOUSE ROAD, OOTY,
NILGIRIS DISTRICT 643 001.
…PETITIONERS
Digitally
signed by
VINUTHA B S
Location:
High Court of
Karnataka
(BY SRI. K. S. HARISH, ADVOCATE)
AND:
1. MRS. ROSEMARY ALBUQUERQUE
DAUGHTER OF LATE MARY MATHIAS
AGED ABOUT 76 YEARS,
RESIDING AT SUMMER SANDS,
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NC: 2026:KHC:59511
WP No. 32690 of 2026
C/W WP No. 32722 of 2026
CNR: KAHC010717662026
BEACH RESORT, CHOTA MANGALORE,
ULLALA, MANGALORE- 575 020.
2. MS. VIMALA
DAUGHTER OF LATE EUNICE BRITOO
AGED ABOUT 67 YEARS PADMALAYA,
FALNIR ROAD, MANGALORE- 575 001.
3. MR. ALOYSIUS (TONY) BRITTO
SON OF LATE EUNICE BRITOO
AGED ABOUT 65 YEARS.
PADMALAYA, FALNIR ROAD,
MANGALORE- 575001
4. MS. SANDRA DSOUZA
DAUGHTER OF LATE EUNICE BRITOO
AGED ABOUT 63 YEARS
PADMALAYA, FALNIR ROAD,
MANGALORE- 575 001.
5. MS. ROWENA MATHIAS
WIFE OF LATE JOE MATHIAS,
AGED ABOUT 82 YEARS
NO. 23/2, REST HOUSE ROAD,
BENGALURU -560 001
6. MS. MAYA
DAUGHTER OF LATE JOE MATHIAS,
AGED ABOUT 57 YEARS.
NO. 23/2, REST HOUSE ROAD,
BENGALURU-560 001
7. MS. LAILA
DAUGHTER OF LATE JOE MATHIAS,
AGED ABOUT 52 YEARS.
NO. 23/2, REST HOUSE ROAD,
BENGALURU- 560 001.
8. MS. SHAILA MATHIAS
WIFE OF LATE NOEL MATHIAS
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WP No. 32690 of 2026
C/W WP No. 32722 of 2026
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AGED ABOUT 73 YEARS.
NO. 004, ASHOK PARK VIEW,
42 DAVIS ROAD, RICHARDS TOWN,
BENGALURU-560 084.
9. MS. NATASHA MATHIAS
DAUGHTER OF LATE NOEL MATHIAS
AGED ABOUT 52 YEARS.
NO. 004, ASHOK PARK VIEW,
42 DAVIS ROAD, RICHARDS TOWN,
BENGALURU-560 084.
10. MR. NIRISH MATHIAS
SON OF LATE NOEL MATHIAS
AGED ABOUT 47 YEARS.
NO. 004, ASHOK PARK VIEW,
42 DAVIS ROAD, RICHARDS TOWN,
BENGALURU- 560 084.
11. MR. ROHIT MATHIAS
SON OF LATE NOEL MATHIAS,
AGED ABOUT 45 YEARS.
NO. 004, ASHOK PARK VIEW,
42 DAVIS ROAD, RICHARDS TOWN,
BENGALURU- 560 084.
12. MS. PATRICIA NORONHA
DAUGHTER OF LATE MARY MATHIAS
AGED ABOUT 82 YEARS
NO. 22/1, REST HOUSE ROAD,
BENGALURU- 560 001.
13. MR. NITHIN NORONHA
SON OF MS. PATRICIA NORONHA
AGED ABOUT 56 YEARS.
NO. 22/1, REST HOUSE ROAD,
BENGALURU- 560 001.
14. MR. ALOK CHANDRA SHETTY
SON OF SITARAM SHETTY
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WP No. 32690 of 2026
C/W WP No. 32722 of 2026
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MAJOR RESIDING AT 23,
REST HOUSE ROAD LL
BENGALURU- 560 001.
…RESPONDENTS
(VIDE ORDER DATED 27.10.2026
NOTICE TO RESPONDENTS IS DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH BY WRIT
OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER
DIRECTION IN THE NATURE OF WRIT, THE ORDER DATED
06.10.2026 PASSED BY THE LXXIV ADDITIONAL CITY CIVIL
AND SESSIONS JUDGE, BANGALORE (CCH-75) IN REFUSING
TO GRANT AN AD-INTERIM EX-PARTE ORDER OF TEMPORARY
INJUNCTION ON I.A NO. 1 IN O.S NO.26068/2026, PER
ANNEXURE-A.
IN WP NO. 32722/2026
BETWEEN:
1. MRS. FLORENCE DOLORES MATHAIAS
WIFE OF JOSEPH REGINALD MATHIAS
AGED ABOUT 90 YEARS,
PERMANENTLY RESIDING AT
STRATHMORE HOUSE
23/1, REST HOUSE ROAD
BENGALURU- 560 001
2. MRS. MEETA PRABHU
WIFE OF VIJAY PRABHU
AGED ABOUT 50 YEARS,
RESIDING AT WELLINGTON HOUSE,
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HC-KAR
NC: 2026:KHC:59511
WP No. 32690 of 2026
C/W WP No. 32722 of 2026
CNR: KAHC010717662026
SUMMER HOUSE ROAD, OOTY,
NILGIRIS DISTRICT 643 001.
...PETITIONERS
(BY SRI. K S HARISH., ADVOCATE)
AND:
1. MRS. ROSEMARY ALBUQUERQUE
DAUGHTER OF LATE MARY MATHIAS
AGED ABOUT 76 YEARS,
RESIDING AT SUMMER SANDS,
BEACH RESORT, CHOTA MANGALORE,
ULLALA, MANGALORE- 575 020.
2. MS. VIMALA
DAUGHTER OF LATE EUNICE BRITOO
AGED ABOUT 67 YEARS
PADMALAYA, FALNIR ROAD,
MANGALORE- 575 001.
3. MR. ALOYSIUS (TONY) BRITTO
SON OF LATE EUNICE BRITOO
AGED ABOUT 65 YEARS.
PADMALAYA, FALNIR ROAD,
MANGALORE-575 001.
4. MS. SANDRA DSOUZA
DAUGHTER OF LATE EUNICE BRITOO
AGED ABOUT 63 YEARS PADMALAYA,
FALNIR ROAD, MANGALORE- 575 001.
5. MS. ROWENA MATHIAS
WIFE OF LATE JOE MATHIAS,
AGED ABOUT 82 YEARS
NO. 23/2, REST HOUSE ROAD,
BENGALURU-560 001.
6. MS. MAYA
DAUGHTER OF LATE JOE MATHIAS,
AGED ABOUT 57 YEARS.
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NC: 2026:KHC:59511
WP No. 32690 of 2026
C/W WP No. 32722 of 2026
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NO. 23/2, REST HOUSE ROAD,
BENGALURU- 560 001.
7. MS. LAILA
DAUGHTER OF LATE JOE MATHIAS,
AGED ABOUT 52 YEARS.
NO.23/2, REST HOUSE ROAD,
BENGALURU- 560 001
8. MS. SHAILA MATHIAS
WIFE OF LATE NOEL MATHIAS
AGED ABOUT 73 YEARS.
NO. 004, ASHOK PARK VIEW,
42 DAVIS ROAD, RICHARDS TOWN,
BENGALURU- 560 084.
9. MS. NATASHA MATHIAS
DAUGHTER OF LATE NOEL MATHIAS
AGED ABOUT 52 YEARS.
NO. 004, ASHOK PARK VIEW,
42 DAVIS ROAD, RICHARDS TOWN,
BENGALURU-560 084.
10. MR. NIRISH MATHIAS
SON OF LATE NOEL MATHIAS
AGED ABOUT 47 YEARS.
NO. 004, ASHOK PARK VIEW,
42 DAVIS ROAD, RICHARDS TOWN,
BENGALURU-560 084.
11. MR. ROHIT MATHIAS
SON OF LATE NOEL MATHIAS,
AGED ABOUT 45 YEARS.
NO. 004, ASHOK PARK VIEW,
42 DAVIS ROAD, RICHARDS TOWN,
BENGALURU- 560 084.
12. MS. PATRICIA NORONHA
DAUGHTER OF LATE MARY MATHIAS
AGED ABOUT 82 YEARS
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HC-KAR
NC: 2026:KHC:59511
WP No. 32690 of 2026
C/W WP No. 32722 of 2026
CNR: KAHC010717662026
NO. 22/1, REST HOUSE ROAD,
BENGALURU- 560 001.
13. MR. NITHIN NORONHA
SON OF MS. PATRICIA NORONHA
AGED ABOUT 56 YEARS.
NO. 22/1, REST HOUSE ROAD,
BENGALURU- 560 001.
14. MR. ALOK CHANDRA SHETTY
SON OF SITARAM SHETTY
MAJOR
RESIDING AT 23,
REST HOUSE ROAD LL,
BENGALURU- 560 001.
...RESPONDENTS
(VIDE ORDER DATED 27.10.2026
NOTICE TO RESPONDENTS IS DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA PRAYING QUASH BY WRIT OF
CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER
DIRECTION IN THE NATURE OF WRIT, THE ORDER DATED
06.10.2026 PASSED BY THE LXXIV ADDITIONAL CITY CIVIL
AND SESSIONS JUDGE, BANGALORE (CCH-75) IN REFUSING
TO GRANT AN AD-INTERIM EX-PARTE ORDER OF TEMPORARY
INJUNCTION ON I.A NO.2 IN O.S NO.26068/2026, PER
ANNEXURE- 'A'.
THESE PETITIONS COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND
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HC-KAR
NC: 2026:KHC:59511
WP No. 32690 of 2026
C/W WP No. 32722 of 2026
CNR: KAHC010717662026
ORAL ORDER
1. W.P. No. 32690/2026 is filed challenging the order dated
06.10.2026 passed in O.S. No. 26068/2026, insofar as it
relates to the issuance of notice on I.A. No. 1. The said
application has been filed under Order XXXIX Rules 1 and 2 of
the Code of Civil Procedure, 1908, seeking to restrain the
defendants from obstructing the plaintiffs’ right of way for
ingress to and egress from the suit schedule ‘A’ property
through the common passage/area described as the suit
schedule ‘B’ property.
2. W.P. No. 32722/2026 is filed challenging the order dated
06.10.2026 passed in O.S. No. 26068/2026, insofar as it
relates to the issuance of notice on I.A. No. 2. The said
application has been filed under Order XXXIX Rules 1 and 2 of
the Code of Civil Procedure, 1908, seeking to restrain the
defendants from creating any revenue entries in respect of, or
creating any third-party interest over, the suit schedule ‘B’
property.
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NC: 2026:KHC:59511
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C/W WP No. 32722 of 2026
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3. Since both petitions arise out of the order passed in O.S.
No. 26068/2026, they are heard together and are being
disposed of by this common order.
4. Learned counsel appearing for the petitioners submits
that the petitioners have instituted a suit for permanent
injunction to restrain the defendants from interfering with their
rights. It is submitted that I.A. No. 1 was filed under Order
XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908,
seeking to restrain the defendants from obstructing the
plaintiffs’ right of way for ingress to and egress from the suit
schedule ‘A’ property through the common passage/area
described as the suit schedule ‘B’ property.
4.1 It is further submitted that petitioner No. 1 is aged 90
years and that the obstruction is preventing the petitioners
from using the common passage, thereby impeding their access
to the hospital in the event of a medical emergency. Learned
counsel submits that the documents produced along with the
plaint establish a prima facie case and that, unless the
defendants are restrained by an order of injunction, the
petitioners would suffer irreparable loss.
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NC: 2026:KHC:59511
WP No. 32690 of 2026
C/W WP No. 32722 of 2026
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4.2 Drawing the attention of this Court to the photographs
placed on record, learned counsel further submits that the
defendants have parked their vehicles in the common passage
with a view to obstructing access to the petitioners.
5. Considered the submissions made by the learned counsel
for the petitioners and perused the documents on record.
6. In view of the limited order that this Court proposes to
pass, notice to respondents is dispensed with.
7. I.A. No. 1, filed under Order XXXIX Rules 1 and 2 of the
Code of Civil Procedure, 1908, is pending consideration before
the Trial Court. If the contentions urged by learned counsel for
the petitioners were to be examined and adjudicated upon in
these proceedings, it may prejudice the interests of both
parties.
8. Prima facie, a case is made out for restraining the
defendants from obstructing the plaintiffs’ right of way for
ingress to and egress from the suit schedule ‘A’ property
through the common passage/area described as the suit
schedule ‘B’ property. Having regard to the advanced age of
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plaintiff No. 1, permitting such obstruction to continue may
impede access to medical facilities in the event of an
emergency. On the other hand, restraining the defendants from
causing such obstruction, pending consideration of the
application by the Trial Court, would not cause any prejudice to
them.
9. In view of the reasons assigned hereinabove, the
following order is passed:
O R D E R
I. W.P. No. 32690/2026 is disposed of by restraining the
defendants and any person(s) claiming under or through
any of the defendants from obstructing the plaintiffs’
right of way for ingress to and egress from the suit
schedule ‘A’ property through the common
passage/area described as the suit schedule ‘B’
property, pending consideration of I.A. No. 1, filed
under Order XXXIX Rules 1 and 2 of the Code of Civil
Procedure, 1908, by the Trial Court.
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WP No. 32690 of 2026
C/W WP No. 32722 of 2026
CNR: KAHC010717662026
II. W.P. No. 32722/2026 is disposed of by directing both
parties to maintain status quo with regard to the
revenue entries pertaining to the suit schedule ‘B’
property, pending consideration of I.A. No. 2, filed
under Order XXXIX Rules 1 and 2 of the Code of Civil
Procedure, 1908, by the Trial Court.
III. The Trial Court is directed to dispose of I.A. Nos. 1 and
2 within two months from the next date of hearing, i.e.,
02.11.2026.
SD/-
(K. V. ARAVIND)
JUDGE
VP
List No.: 1 Sl No.: 18