Smt Narayanamma v. C Prakash

Karnataka HC1 Jul 2025WP/42389/2019

Case brief

AI extract

What is this about?

Dismissal of writ petition for non-prosecution; certiorari challenge under Articles 226/227 Constitution of India to final decree proceedings order dated 06.07.2019 in FDP No.132/15 of XXXV Addl. City Civil and Sessions Judge (CCH-36), Bengaluru; earlier dismissal against respondent Nos.2-4 on 09.09.2024; repeated absence of petitioners and counsel; High Court of Karnataka, decided 01.07.2025.

What did the court decide?

In view of the continued absence of representation for the petitioners when the matter was called in both the morning and afternoon sessions, the writ petition is dismissed for non-prosecution. ¶37-38

Smt Narayanamma Vs C Prakash — Writ and Judicial Review | Karnataka HC (2025)

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NC: 2025:KHC:23439 W.P. No.42389/2019

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1^ST DAY OF JULY, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.42389/2019 (GM-CPC)

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BETWEEN:

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SMT. NARAYANAMMA D/O MUNIYAPPA AGED ABOUT 45 YEARS NO.32, 9TH CROSS, 1ST N BLOCK RAJAJINAGAR-560010.

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Digitally signed by RUPA V Location: High Court of karnataka

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SMT. VIMALA W/O LATE P. VENKATESH D/O MUNIAPPA .C AGED ABOUT 30 YEARS.

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PURUSHOTHAM S/O LATE C. MUNIYAPPA AGED ABOUT 29 YEARS.

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BOTH ARE RESIDING AT NO.32 9TH CROSS, 1ST N BLOCK RAJAJINAGAR, BENGALURU-560010.

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…PETITIONERS

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(BY SRI. SRINIVASA K, ADV., [ABSENT])

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AND:

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C. PRAKASH S/O LATE CHINAPPA AGED ABOUT 45 YEARS NO.14/1, 8TH CROSS 1ST N BLOCK, RAJAJINAGAR BENGALURU-560010.

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SMT. MAHADEVI W/O LATE C. MUNIAPPA

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2 - NC: 2025:KHC:23439 W.P. No.42389/2019

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HC-KAR

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AGED ABOUT 55 YEARS

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GOPALA KRISHNA S/O LATE C. MINIAPPA AGED ABOUT 36 YEARS.

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M. JAGADEESH BABU S/O LATE C. MUNIAPPA AGED ABOUT 32 YEARS.

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RESPONDENTS 2 TO 4 ARE RESIDING AT NO.14/1, 8TH CROSS 1ST N BLOCK, RAJAJINAGAR BENGALURU-560019.

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M. NATARAJ S/O LATE C. MUNIYAPPA AGED ABOUT 34 YEARS NO.415, 14TH CROSS, 2ND STAGE 2ND PHASE, WEST OF CHORD ROAD MAHALAKSHMI LAYOUT BENGALURU-560086.

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…RESPONDENTS (BY SRI. H.R. LAKSHMANA REDDY, ADV., FOR R1 [ABSENT] R5 SERVED AND UNREPRESENTED V/O/DTD:09.09.2024 W.P. STANDS DISMISSED AS AGAINST R2 TO R4)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI IN QUASHING THE IMPUGNED ORDER DTD 06.07.2019, PASSED IN FDP NO.132/15, ON THE FILE OF THE XXXV ADDL. CITY CIVIL AND SESSIONS JUDGE, (CCH-36) AT BENGALURU, CCH-36, VIDE ANNX-F, BY ALLOWING THE WRIT PETITION AS PRAYED FOR IN THE ENDS OF JUSTICE AND EQUITY & ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2025:KHC:23439 W.P. No.42389/2019

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

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ORAL ORDER

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This Court on 09.09.2024 dismissed the writ petition

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against respondent Nos.2 to 4 on the ground that steps have not been taken. On 12.06.2025 there was no representation for the petitioners and even on 23.06.2025 there was no representation for the petitioners.

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Today when the matter is called in the morning session as well as in the afternoon session there is no representation for the petitioner.

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Sri.H.R.Lakshmana Reddy, learned counsel for respondent No.1 submits that the Final Decree Proceedings are not being proceeded in view of the pendency of this petition and the petitioners are not diligent in prosecuting the case.

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In view of the above, writ petition is dismissed for

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non prosecution.

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Sd/(VIJAYKUMAR A. PATIL) JUDGE

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BSR List No.: 1 Sl No.: 35

Smt Narayanamma v. C Prakash

Case brief

What is this about?

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Smt Narayanamma v. C Prakash

Case brief

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