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Smt Sowmya Latha Vs Sri v Sreeprasad — Writ and Judicial Review | Karnataka HC (2025)

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Karnataka HC
2025
Smt Sowmya Latha Vs Sri v SreeprasadSmt Sowmya Latha v. Sri v Sreeprasad

Dismissed¶27

Smt Sowmya Latha v. Sri v Sreeprasad

Karnataka HC31 Oct 2025WP/35580/2019

Case brief

AI extract

What is this about?

Sowmya Latha v. V. Sreeprasad and A.M. Tara; Article 227 of the Constitution of India; writ petition (GM-CPC) High Court of Karnataka Bengaluru; dismissed as not pressed; liberty to recover money paid under mortgage deed dated 18.01.2010 or redeem mortgage before appropriate forum; I.A. No.24; O.S. NO.165.2012 / O.S.No.165/2022; Principal First Civil Judge and JMFC, Mysuru; Annx.E; order dated 28.03.2019; decided 31.10.2025; NC: 2025:KHC:43865; S Vishwajith Shetty; all contentions kept open; respondents served unrepresented.

What did the court decide?

Dismissal of the writ petition as not pressed, with liberty to the petitioner to initiate appropriate proceedings against the respondents — either to recover the money paid under the mortgage deed dated 18.01.2010 or to redeem the said mortgage before the appropriate forum; all contentions kept open.

Why is it important?

Writ petition dismissed as not pressed; counsel's submission was placed on record and liberty was granted to the petitioner to initiate appropriate proceedings against the respondents either to recover the money paid under the mortgage deed dated 18.01.2010 or to redeem the said mortgage before the appropriate forum. ¶27

What the court decided

AI extract

Outcome

Dismissal of the writ petition as not pressed, with liberty to the petitioner to initiate appropriate proceedings against the respondents — either to recover the money paid under the mortgage deed dated 18.01.2010 or to redeem the said mortgage before the appropriate forum; all contentions kept open.

Ratio / Principle

Writ petition dismissed as not pressed; counsel's submission was placed on record and liberty was granted to the petitioner to initiate appropriate proceedings against the respondents either to recover the money paid under the mortgage deed dated 18.01.2010 or to redeem the said mortgage before the appropriate forum.

Key takeaways

All contentions urged in the writ petition are kept open.ratio¶31

Detailed headnote1 paragraphs

[Karnataka HC, Bengaluru | W.P. No. 35580 of 2019 (GM-CPC) | NC: 2025:KHC:43865 | Decided 31.10.2025 | Coram: S. Vishwajith Shetty, J.] Plaintiff-petitioner (Smt. Sowmya Latha) filed this Article 227 petition praying to quash the order dt. 28.03.2019 made in I.A. No.24 in O.S. No.165.2012 (cause title; body refers to O.S.No.165/2022) on the file of the Principal First Civil Judge and JMFC, Mysuru, vide Annx.E. At the preliminary hearing (B Group), on the request of her Senior Counsel (Sri R.S. Ravi for Sri Narendra D.V. Gowda, Adv.), the writ petition was DISMISSED AS NOT PRESSED, with liberty to the petitioner to initiate appropriate proceedings against the respondents (Sri V. Sreeprasad and Smt. A.M. Tara — served, unrepresented) either to recover the money paid under the mortgage deed dated 18.01.2010 or to redeem the said mortgage before the appropriate forum; all contentions urged in the petition kept open. No issue adjudicated; no precedent engaged; no quantum stated.

A

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NC: 2025:KHC:43865 WP No. 35580 of 2019

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 31^ST DAY OF OCTOBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

WRIT PETITION NO. 35580 OF 2019 (GM-CPC)

BETWEEN:

SMT. SOWMYA LATHA W/O DURGAPRASAD AGEDA BOUT 39 YEARS R/AT NO.175/2, NEW NO.7 RAGHAVENDRA NAGAR MYSURU AND ALSO RESIDING R/AT NO.1594, KYATHAMARANAHALLI NAZARABAD MOHALLA MYSURU - 570 001.

…PETITIONER

(BY SRI R.S. RAVI, SR. COUNSEL FOR SRI NARENDRA D.V. GOWDA, ADV.)

AND:

Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA

SRI V. SREEPRASAD S/O T. VENKATARAMANA AGEDA BOUT 47 YEARS AT NO.284, GAYATRIPURAM II STAGE BEHIND HULIYAMMA BAR MYSURU - 570 001.

SMT. A.M. TARA W/O MONAPPA AGED ABOUT 57 YEARS VIDYA NAGAR, OPP. CLEANWELL SERVICE STATION GONIKOPPA ROAD VIRAJPET TQ. KODAGU DISTRICT - 570 004.

…RESPONDENTS

(SERVED - UNREPRESENTED)

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NC: 2025:KHC:43865 WP No. 35580 of 2019

HC-KAR

THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD. 28.03.2019 MADE IN I.A .NO.24 IN O.S. NO.165.2012 ON THE FILE OF THE PRINCIPAL FIRST CIVIL JUDGE AND JMFC, MYSURU VIDE ANNX.E.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

This writ petition under Article 227 of the Constitution of India, is filed by the plaintiff, with a prayer to set aside the order dated 28.03.2019 passed on IA no.24 in O.S.No.165/2022 by the Court of Principal I Civil Judge & JMFC, Mysuru.

Learned Senior Counsel appearing for the petitioner after arguing the matter for sometime submits, that this petition may be dismissed as not pressed with liberty to the petitioner to initiate appropriate proceedings against the respondents either to recover the money paid under the mortgage deed dated 18.01.2010 or to redeem the said mortgage before the appropriate forum.

The aforesaid submission is placed on record. Writ petition is dismissed as not pressed, with liberty as prayed for.

3 -

NC: 2025:KHC:43865 WP No. 35580 of 2019

HC-KAR

All contentions urged in this petition are kept open.

Sd/(S VISHWAJITH SHETTY)

JUDGE

KK

Statutes considered

1 provisions across 1 enactments

AI extract

Constitution of IndiaArticle 227¶25

Procedural history

How this case reached the court

AI extract

Order under challenge
Order dated 28.03.2019 made in I.A. No.24 in O.S. No.165.2012 (cause title) / O.S.No.165/2022 (body), Principal First Civil Judge & JMFC, Mysuru, annexed as Annx.E — sought to be quashed/set aside.¶25
Court of Principal I Civil Judge & JMFC, Mysuru · 28.03.2019
Prior proceeding
Institution of the writ petition under Article 227 of the Constitution of India praying to quash the order dated 28.03.2019 in I.A. No.24 in O.S. No.165.2012 on the file of the Principal First Civil Judge and JMFC, Mysuru, vide Annx.E.¶22
Prior proceeding
At the preliminary hearing, petitioner's Senior Counsel submitted that the petition be dismissed as not pressed, with liberty to the petitioner to initiate appropriate proceedings against the respondents either to recover the money paid under the mortgage deed dated 18.01.2010 or to redeem the said mortgage before the appropriate forum.¶26

Parties & counsel

AI extract

petitioner
SMT. SOWMYA LATHA W/O DURGAPRASAD¶10
SRI R.S. RAVI (Sr.), SRI NARENDRA D.V. GOWDA
respondent
SRI V. SREEPRASAD S/O T. VENKATARAMANA¶15
respondent
SMT. A.M. TARA W/O MONAPPA¶16

Coram

AI extract

S Vishwajith Shettyauthor¶23

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 31 Oct 2025 · October
Registered: 13 Aug 2019
Case no.: WP/35580/2019
CNR: KAHC010410092019
Topic: Writ and Judicial Review
Bench: S Vishwajith Shetty
Disposal: DISMISSED
Case type: Writ Petition (GM-CPC)

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Cite this judgement

Smt Sowmya Latha v. Sri v Sreeprasad, WP/35580/2019 (KA), decided on 31 October 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 IndiaArticle 227

View all statutes

Procedural history3

Order dated 28.03.2019 made in I.A. No.24 in O.S. No.165.2012 (cause title) / O.S.No.165/2022 (body), Principal First Civil Judge & JMFC, Mysuru, annexed as Annx.E — sought to be quashed/set aside.Court of Principal I Civil Judge & JMFC, Mysuru · 28.03.2019
Institution of the writ petition under Article 227 of the Constitution of India praying to quash the order dated 28.03.2019 in I.A. No.24 in O.S. No.165.2012 on the file of the Principal First Civil Judge and JMFC, Mysuru, vide Annx.E.
At the preliminary hearing, petitioner's Senior Counsel submitted that the petition be dismissed as not pressed, with liberty to the petitioner to initiate appropriate proceedings against the respondents either to recover the money paid under the mortgage deed dated 18.01.2010 or to redeem the said mortgage before the appropriate forum.

View full history

Bench / Coram

S Vishwajith Shetty

Parties & counsel