Petitioner filed a writ petition under Article 226 seeking quashing of an interlocutory order in a family dispute suit. The High Court of Karnataka acquitted the writ petition for nonprosecution due to the petitioner's continued absence after multiple listings.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:22265 WP No. 2286 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 2286 OF 2016 (GM-CPC)
BETWEEN:
H. GOVINDAPPA S/O LATE HANUMANTHAPPA AGED ABOUT 59 YEARS R/O HORAMAVU VILLAGE K.R.PURAM HOBLI BANGALORE EAST TALUK BANGALORE-63
…PETITIONER
(BY SRI. JAYAKARA SHETTY H., ADVOCATE- ABSENT)
AND:
Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA
NO.331/2, K.R.PURAM EXTN.
NC: 2024:KHC:22265 WP No. 2286 of 2016
BANGALORE-560 036
…RESPONDENTS
(BY SRI.S.KALYAN BASAVARAJ, ADVOCATE FOR R1 V/O/D 08/06/2021, NOTICE TO R2 IS HELD SUFFICIENT)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER ANNEXURE-A DATED 28.10.2015 MADE IN I.A.IV IN SUIT O.S.1572/2006 BY THE COURT BELOW. GRANT AN INTERIM ORDER TO STAY FURTHER PROCEEDINGS IN O.S.1572/2006 PENDING BEFORE THE 1ST ADDL. CIVIL JUDGE, BANGALORE RURAL DISTRICT, AT BANGALORE.
THIS PETITION, COMING ON FOR DISMISSAL, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
When this matter came up before the co-ordinate bench
of this court on 04.01.2024, it is observed that Learned counsel for the petitioner is absent. There is no representation. As the petition is of the year 2016, till date, service of notice to Respondent No.3 to 5 is not completed. Hence do not find any reasons to adjourn the matter. However to provide an opportunity, finally, list after two weeks.
When this matter came up before this court on 04.06.2024, as there was no representation on behalf of the petitioner, this matter was directed to be listed for “dismissal” on 13.06.2024. Today when the matter came up, there is no representation on behalf of the petitioner. It appears that the petitioner is not interested to pursue the matter.
Accordingly the writ petition is dismissed for nonprosecution.
SD/JUDGE
TS List No.: 1 Sl No.: 40
2 issues framed by the court
Whether the writ petition should be dismissed for nonprosecution due to absence of the petitioner.
Whether the writ petition will be quashed or stayed pending the inter se dispute.
1 provisions across 1 enactments
H. GOVINDAPPA S/O LATE HANUMANTHAPPA
N. RAVI S/O. P.NARAYANASWAMY
SMT.SUCHITHRA (SOWMYA)
S.PADMANABHAN S/O LATE G.SUNDER
SMT.NIRANJANI
SMT.B.J.SARASWATHY
LALITHA KANNEGANTI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
