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Smt. Savithri Vs Sri. Abdul Basheer — Writ and Judicial Review | Karnataka HC (2025)

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Karnataka HC
2025
Smt. Savithri Vs Sri. Abdul BasheerSmt. Savithri v. Sri. Abdul Basheer

Dismissed¶43

Smt. Savithri v. Sri. Abdul Basheer

Karnataka HC3 Mar 2025WP/51345/2017

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; NC: 2025:KHC:9119; WP No. 51345 of 2017 (GM-CPC); decided 03-03-2025 by Hon'ble Mr Justice M.G.S. Kamal (single Judge). Petitioner: Smt. Savithri W/o M.B. Manjunatha (counsel: Yeshwanth C.R. for Sadashivaiah K.G.). Respondents: 1. Abdul Basheer; 2. Shakeer (dead; LRs Parveen, Taseena, Khadir) — counsel G.S. Balagangadhar; 3. Shankara Setty (dead; LRs Mahadevamma, Ramesh, Rajashekar, Mallika) — counsel S.P. Sathish; 4. B.K. Venkoji Rao (served). Petition under Articles 226 and 227 of the Constitution of India seeking to set aside the order dated 11.10.2017 of the Senior Civil Judge & JMFC, Arasikere on I.A.No.4 in Execution Petition No.76/2015 (Annexure-H). Dismissed for non-prosecution with cost of Rs.10,000/- after counsel reported inability to obtain instructions despite notice dated 24.01.2025. Keywords: dismissal for non-prosecution, costs, writ jurisdiction Articles 226/227, execution petition, GM-CPC, Arasikere, Hassan.

What did the court decide?

The writ petition is dismissed for non-prosecution with cost of Rs.10,000/-, the Court taking on record learned counsel's submission that despite several attempts, including a notice issued on 24.01.2025, the petitioner did not respond with instructions, leaving counsel unable to proceed. ¶43

What the court decided

AI extract

Outcome

Dismissed

Ratio / Principle

The writ petition is dismissed for non-prosecution with cost of Rs.10,000/-, the Court taking on record learned counsel's submission that despite several attempts, including a notice issued on 24.01.2025, the petitioner did not respond with instructions, leaving counsel unable to proceed.

Detailed headnote1 paragraphs

High Court of Karnataka at Bengaluru (Hon'ble Mr Justice M.G.S. Kamal, single Judge) — Writ Petition No. 51345 of 2017 (GM-CPC), decided 03.03.2025 (NC: 2025:KHC:9119). Filed under Articles 226 and 227 of the Constitution of India by Smt. Savithri against Respondents 1. Sri. Abdul Basheer, 2. Smt. Shakeer (since dead, represented by LRs 2(A) Smt. Parveen, 2(B) Smt. Taseena, 2(C) Sri. Khadir), 3. Sri. Shankara Setty (since dead, represented by LRs 3(A) Smt. Mahadevamma, 3(B) Sri. Ramesh, 3(C) Sri. Rajashekar, 3(D) Sri. Mallika) and 4. Sri. B. K. Venkoji Rao, praying to set aside the order dated 11.10.2017 passed by the learned Senior Civil Judge & JMFC, Arasikere on I.A.No.4 in Execution Petition No.76/2015 (Annexure-H). Coming on for orders, learned counsel for the petitioner submitted that despite several attempts, including a notice issued on 24.01.2025, the petitioner had not responded with instructions and counsel was unable to proceed. The submission was taken on record and the petition was dismissed for non-prosecution with cost of Rs.10,000/-.

A

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NC: 2025:KHC:9119 WP No. 51345 of 2017

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 3^RD DAY OF MARCH, 2025

BEFORE

THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 51345 OF 2017 (GM-CPC)

BETWEEN:

SMT. SAVITHRI W/O. M. B. MANJUNATHA, AGED ABOUT 28 YEARS, R/AT DASARA KOPPALU, HASSAN TOWN, HASSAN DISTRICT-573 201.

…PETITIONER

(BY SRI. YESHWANTH C.R., ADVOCATE FOR SRI. SADASHIVAIAH K G., ADVOCATE)

AND:

Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA

SRI. ABDUL BASHEER S/O. MUKTHUM SAB, AGED ABOUT 62 YEARS, BABA SAB COLONY, ARASIKERE TOWN, HASSAN DISTRICT-573 103.

SMT. SHAKEER W/O. ABDUL BASHEER, SINCE DEAD BY HIS LR'S

2(A). SMT. PARVEEN, D/O SRI. ABDUL BASHEER, AGED ABOUT 55 YEARS BABA SAB COLONY, ARASIKERE TOWN,

2 -

NC: 2025:KHC:9119 WP No. 51345 of 2017

HASSAN DISTRICT-573 103

2(B). SMT. TASEENA, D/O SRI. ABDUL BASHEER, AGED ABOUT 51 YEARS BABA SAB COLONY, ARASIKERE TOWN, HASSAN DISTRICT-573 103

2.(C). SRI. KHADIR S/O SRI. ABDUL BASHEER, AGED ABOUT 40 YEARS BABA SAB COLONY, ARASIKERE TOWN, HASSAN DISTRICT-573103

SRI. SHANKARA SETTY SINCE DEAD BY HIS LR'S

3(A). SMT. MAHADEVAMMA, W/O SRI. SHANKARA SHETTY, AGED ABOUT 70 YEARS

3(B). SRI. RAMESH, S/O SRI. SHANKARA SHETTY, AGED ABOUT 51 YEARS

3(C). SRI. RAJASHEKAR S/O SRI. SHANKARA SHETTY, AGED ABOUT 48 YEARS.

3(D). SRI. MALLIKA S/O SRI. SHANKARA SHETTY, AGED ABOUT 45 YEARS,

3(A) TO 3(D) ARE R/AT CHIKKURU VILLAGE, BANAVARA HOBLI, ARASIKERE TALUK, HASSAN DISTRICT-573112

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NC: 2025:KHC:9119 WP No. 51345 of 2017

SRI. B. K. VENKOJI RAO S/O. GANGANNA, ELECTRIC CONTRACTOR, OPP. TO CINEMA THEATRE, BANAVARA, ARASIKERE TALUK, HASSAN DISTRICT-573 103.

…RESPONDENTS

(BY SRI. G.S. BALAGANGADHAR, ADVOCATE FOR R1 AND R2 (A TO C); SRI. S.P. SATHISH, ADVOCATE FOR R3 (A TO D); R4 SERVED)

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER PASSED BY THE LEARNED SENIOR CIVIL JDUGE & JMFC., ARASIKERE ON I.A.NO.4 IN EXECUTION PETITION NO.76/2015 DATED 11.10.2017 VIDE ANNEXURE-H AND ETC.

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

CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL

ORAL ORDER

Sri.Yashwanth C.R., learned counsel for

Sri.Sadashivaiah K.G., learned counsel for petitioner appearing through video conference submits that despite

several attempts to contact the petitioner seeking instructions in the matter to proceed further, there has

4 -

NC: 2025:KHC:9119 WP No. 51345 of 2017

been no response. That the learned counsel for petitioner has even issued a notice on 24.01.2025 calling upon the petitioner to make alternate arrangements in the matter yet they have not received any information. Therefore, he submits that, he is unable to proceed in the matter.

Submission is taken on record.

The petition is dismissed for non-prosecution

with cost of Rs.10,000/-.

Sd/(M.G.S. KAMAL) JUDGE

KBM List No.: 1 Sl No.: 2 CT:SNN

Statutes considered

2 provisions across 1 enactments

AI extract

Constitution of IndiaArticle 226¶32 Article 227¶32

Procedural history

How this case reached the court

AI extract

Order under challenge
Order dated 11.10.2017 passed on I.A.No.4 in Execution Petition No.76/2015 by the learned Senior Civil Judge & JMFC, Arasikere (Annexure-H), sought to be set aside in this writ petition.¶32
Senior Civil Judge & JMFC, Arasikere · 11.10.2017
Prior proceeding
Execution Petition No.76/2015 pending before the Senior Civil Judge & JMFC, Arasikere, in which interlocutory application I.A.No.4 was decided by the impugned order dated 11.10.2017.¶32

Parties & counsel

AI extract

petitioner
Smt. Savithri W/o. M. B. Manjunatha¶8
Yeshwanth C.R., Sadashivaiah K.G.
respondent
Sri. Abdul Basheer S/o. Mukthum Sab (Respondent 1)¶13
G.S. Balagangadhar
respondent
Smt. Shakeer W/o. Abdul Basheer, since dead by his LR's (Respondent 2)¶14
G.S. Balagangadhar
respondent
Smt. Parveen D/o Sri. Abdul Basheer (LR 2(A))¶15
G.S. Balagangadhar
respondent
Smt. Taseena D/o Sri. Abdul Basheer (LR 2(B))¶19
G.S. Balagangadhar
respondent
Sri. Khadir S/o Sri. Abdul Basheer (LR 2(C))¶20
G.S. Balagangadhar
respondent
Sri. Shankara Setty, since dead by his LR's (Respondent 3)¶21
S.P. Sathish
respondent
Smt. Mahadevamma W/o Sri. Shankara Shetty (LR 3(A))¶22
S.P. Sathish
respondent
Sri. Ramesh S/o Sri. Shankara Shetty (LR 3(B))¶23
S.P. Sathish
respondent
Sri. Rajashekar S/o Sri. Shankara Shetty (LR 3(C))¶24
S.P. Sathish
respondent
Sri. Mallika S/o Sri. Shankara Shetty (LR 3(D))¶25
S.P. Sathish
respondent
Sri. B. K. Venkoji Rao S/o. Ganganna (Respondent 4)¶29

Coram

AI extract

M.G.S. Kamalauthor¶34

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 3 Mar 2025 · March
Registered: 10 Nov 2017
Case no.: WP/51345/2017
CNR: KAHC010129562017
Topic: Writ and Judicial Review
Bench: M.g.s. Kamal
Disposal: Dismissed for Non-Prosecution
Case type: Writ Petition (GM-CPC)

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Cite this judgement

Smt. Savithri v. Sri. Abdul Basheer, WP/51345/2017 (KA), decided on 3 March 2025.

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

Statutes2

Constitution of IndiaArticle 226 · Article 227

View all statutes

Procedural history2

Order dated 11.10.2017 passed on I.A.No.4 in Execution Petition No.76/2015 by the learned Senior Civil Judge & JMFC, Arasikere (Annexure-H), sought to be set aside in this writ petition.Senior Civil Judge & JMFC, Arasikere · 11.10.2017
Execution Petition No.76/2015 pending before the Senior Civil Judge & JMFC, Arasikere, in which interlocutory application I.A.No.4 was decided by the impugned order dated 11.10.2017.

View full history

Bench / Coram

M.G.S. Kamal

Parties & counsel