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Thomas Philips Vs Smt Vaijayanathi Mala — Writ and Judicial Review | Karnataka HC (2025)

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Karnataka HC
2025
Thomas Philips Vs Smt Vaijayanathi MalaThomas Philips v. Smt Vaijayanathi Mala

Disposed¶52-53

Thomas Philips v. Smt Vaijayanathi Mala

Karnataka HC3 Sept 2025WP/25331/2025

Case brief

AI extract

What is this about?

Withdrawal of writ petition by memo; Karnataka High Court Bengaluru; Justice M. Nagaprasanna; WP No. 25331 of 2025 (GM-CPC); decided 3 September 2025; Articles 226 and 227 Constitution of India; challenge to order dated 21 July 2025 of City Civil and Sessions Judge Bengaluru CH 27 in O.S. No. 4434/2018; petitioners Thomas Philips, Susan Ninan, Alexander Philips, Mary Samuel Oommen; respondents Vaijayanthi Mala, I.John Nesakumar, Vaishnav Karkera, Vaibhav S.Karkera, Shashhikanth Karkera, Managing Director and Branch Manager Karnataka Bank Ltd; advocate A.S. Vishwajith; disposed as withdrawn; no merits adjudication; no case citations.

What did the court decide?

Petition permitted to be withdrawn on counsel's memo and disposed of as withdrawn; no adjudication on the merits of the prayer to set aside the order dated 21 July 2025 in O.S. No. 4434/2018.

Why is it important?

In terms of the memo filed by the petitioners' counsel, leave to withdraw the petition was granted and the petition stands disposed of as withdrawn; no observation was made on the merits of the challenge to the impugned order. ¶52-53

What the court decided

AI extract

Outcome

Petition permitted to be withdrawn on counsel's memo and disposed of as withdrawn; no adjudication on the merits of the prayer to set aside the order dated 21 July 2025 in O.S. No. 4434/2018.

Issue for consideration

Whether the writ petition under Articles 226 and 227 challenging the order dated 21 July 2025 in O.S. No. 4434/2018 could be withdrawn in view of the redressal of the petitioners' grievances.

Court's answer

In terms of the memo filed by the petitioners' counsel, leave to withdraw the petition was granted and the petition stands disposed of as withdrawn; no observation was made on the merits of the challenge to the impugned order.

Detailed headnote1 paragraphs

Karnataka High Court (Hon'ble Mr. Justice M. Nagaprasanna), Writ Petition No. 25331 of 2025 (GM-CPC), oral order dated 3 September 2025: Four petitioners (Thomas Philips and three co-petitioners, two acting through power-of-attorney holder Thomas Philips) had filed a writ petition under Articles 226 and 227 of the Constitution praying to set aside the order dated 21 July 2025 passed by the City Civil and Sessions Judge, Bengaluru CH 27, in O.S. No. 4434/2018, against seven respondents including private individuals and Karnataka Bank Ltd officials. At the orders stage, learned counsel Sri. A.S. Vishwajith sought leave to withdraw the petition on account of redressal of the petitioners' grievances, supported by a written memo. The Court, in terms of the memo, disposed of the petition as withdrawn. No merits discussion, precedent citation, or substantive holding appears in the order.

A

1 -

NC: 2025:KHC:34590 WP No. 25331 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3^RD DAY OF SEPTEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 25331 OF 2025 (GM-CPC)

BETWEEN:

THOMAS PHILIPS,

AGED ABOUT 85 YEARS, S/O LATE C.THOMAS PHILIPS, R/AT NO.5, MC PHERSON ROAD, COOKE TOWN, BENGALURU – 560 005.

SUSAN NINAN,

AGED ABOUT 77 YEARS, W/O O.C.NINAN, D/O LATE C.THOMAS PHILIPS, R/AT 1420, SUTTER CREEK DRIVE, EL DORADA HILLS, CA 95762, USA.

Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA

ALSO AT NO.05, MC PHERSON ROAD, COOKE TOWN, BENGALURU – 560 005, REPRESENTED BY POWER OF ATTONERY HOLDER, THOMAS PHILIPS.

ALEXANDER PHILIPS, AGED ABOUT 84 YEARS, S/O LATE C.THOMAS PHILIPS, R/AT NO.5, PINEWOOD LANE, OUBEWOOD LANE, CUMBERLAND, RI02864,

2 -

NC: 2025:KHC:34590 WP No. 25331 of 2025

HC-KAR

USA.

REPRESENTED BY POWER OF ATTORNEY HOLDER, THOMAS PHILIPS.

MARY SAMUEL OOMMEN, W/O MR. SAMUEL OOMMEN, D/O LATE C.THOMAS PHILIPS, R/AT NO.19, RAYCT, ALAMO, RAYCT CA-94507, USA, REPRESENTED BY POWER OF ATTORNEY HOLDER, THOMAS PHILIPS.

…PETITIONERS

(BY SRI. A.S.VISHWAJITH, ADVOCATE)

AND:

SMT. VAIJAYANTHI MALA, AGED ABOUT 74 YEARS, W/O ARUMUGAM, R/AT NO.5, 3^RD CROSS, L.B. SHASHRINAGAR, INDIRANAGAR, BENGALURU – 560 038.

I.JOHN NESAKUMAR, AGED ABOUT 49 YEARS, S/O IRUTHAYAM, R/AT NO.36, TF-2, NASCO GULMOHAR APARTMENT, HAINES ROAD, FRAZER TOWN, BENGALURU – 560 005.

VAISHNAV KARKERA,

3 -

NC: 2025:KHC:34590 WP No. 25331 of 2025

HC-KAR

AGED ABOUT 25 YEARS, S/O MR. SHASHIKANTH KARKERA, R/AT FLAT NO.1102, 11^TH FLOOR, H.M. GRANDUER, WHEELER ROAD, FRAZER TOWN, BENGALURU – 560 005.

MR. VAIBHAV S.KARKERA, AGED ABOUT 30 YEARS, S/O MR.SHASHIKANTH KARKERA, R/AT FLAT NO.1102, 11^TH FLOOR, H.M. GRANDUER, WHEELER ROAD, FRAZER TOWN, BANGALORE-560005.

MR. SHASHHIKANTH, AGED ABOUT 59 YEARS, KARKERA, S/O MR. B. MADHAVA, R/AT FLAT NO.1102, 11^TH FLOOR, H.M. GRANDUER, WHEELER ROAD, FRAZER TOWN, BANGALORE – 560 005.

MANAGING DIRECTOR, KARNATAKA BANK LTD, REPRESENTED BY MR. ROHITH KUMAR B., REGD. AND HEAD OFFICE AT MAHAVEERA CIRCLE, KANKANADY, MANGALORE – 575 002.

THE BRANCH MANAGER, KARNATAKA BANK LTD.,

4 - NC: 2025:KHC:34590 WP No. 25331 of 2025

HC-KAR

KASTURBA ROAD BRANCH, BENGALURU – 560 001.

…RESPONDENTS

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 21 JULY 2025 PASSED BY THE CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU CH 27 IN OS NO. 4434/2018 AND ETC.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER

Learned counsel for the petitioners seeks leave of the

Court to withdraw the petition on account of the redressal of

the grievances of the petitioners. The memo so filed reads as

follows:

"The undersigned Counsel for the Petitioners craves leave of this Hon'ble Court to withdraw the petition.

THEREFORE, the memo may be allowed in the interest of justice and equity."

NC: 2025:KHC:34590 WP No. 25331 of 2025

5 -

HC-KAR

In terms of memo, the petition is disposed as

withdrawn.

Sd/(M.NAGAPRASANNA) JUDGE

CBC List No.: 1 Sl No.: 42

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the writ petition under Articles 226 and 227 challenging the order dated 21 July 2025 in O.S. No. 4434/2018 could be withdrawn in view of the redressal of the petitioners' grievances.medium confidence¶43-44
The court held
In terms of the memo filed by the petitioners' counsel, leave to withdraw the petition was granted and the petition stands disposed of as withdrawn; no observation was made on the merits of the challenge to the impugned order.ratio¶52-53

Statutes considered

1 provisions across 1 enactments

AI extract

Constitution of IndiaArticles 226 and 227¶39

Procedural history

How this case reached the court

AI extract

Order under challenge
Order dated 21 July 2025 passed by the City Civil and Sessions Judge, Bengaluru (CH 27) in O.S. No. 4434/2018, which the writ petition prayed to set aside.¶39
City Civil and Sessions Judge, Bengaluru (CH 27) · 2025-07-21
Prior proceeding
Underlying civil suit O.S. No. 4434/2018 before the City Civil and Sessions Judge, Bengaluru CH 27, in which the challenged order dated 21 July 2025 was passed; no further detail of that suit is stated in this order.¶39

Parties & counsel

AI extract

petitioner
Thomas Philips¶8
Sri. A.S. Vishwajith
petitioner
Susan Ninan¶10
Sri. A.S. Vishwajith
petitioner
Alexander Philips¶14
Sri. A.S. Vishwajith
petitioner
Mary Samuel Oommen¶20
Sri. A.S. Vishwajith
respondent
Smt. Vaijayanthi Mala¶24
respondent
I.John Nesakumar¶25
respondent
Vaishnav Karkera¶26
respondent
Mr. Vaibhav S.Karkera¶31
respondent
Mr. Shashhikanth Karkera¶32
respondent
Managing Director, Karnataka Bank Ltd¶33
respondent
The Branch Manager, Karnataka Bank Ltd., Kasturba Road Branch, Bengaluru¶34

Coram

AI extract

M. Nagaprasannaauthor¶41

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 3 Sept 2025 · September
Registered: 19 Aug 2025
Case no.: WP/25331/2025
CNR: KAHC010550812025
Topic: Writ and Judicial Review
Bench: M.nagaprasanna
Disposal: DISPOSED
Case type: Writ Petition (GM-CPC)

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Cite this judgement

Thomas Philips v. Smt Vaijayanathi Mala, WP/25331/2025 (KA), decided on 3 September 2025.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Constitution of IndiaArticles 226 and 227

View all statutes

Procedural history2

Order dated 21 July 2025 passed by the City Civil and Sessions Judge, Bengaluru (CH 27) in O.S. No. 4434/2018, which the writ petition prayed to set aside.City Civil and Sessions Judge, Bengaluru (CH 27) · 2025-07-21
Underlying civil suit O.S. No. 4434/2018 before the City Civil and Sessions Judge, Bengaluru CH 27, in which the challenged order dated 21 July 2025 was passed; no further detail of that suit is stated in this order.

View full history

Bench / Coram

M. Nagaprasanna

Parties & counsel