Smt. Priyanka Vs Sri. Prathik — Karnataka HC (2026) — LawSathi Research

Smt. Priyanka Vs Sri. Prathik — Karnataka HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Impugned order dated 06.08.2025 set aside; writ petition W.P.No.29478/2023 (GM-FC) restored before the learned Single Judge and directed to be listed before the concerned roster Bench on 15.07.2026, with the clarification that it may be dismissed without further opportunity if the appellant is not represented on that date.

Issue for consideration

Whether the impugned order dated 06.08.2025 dismissing W.P.No.29478/2023 (GM-FC) should be set aside and the writ petition restored so as to afford the appellant another opportunity to pursue it.

Court's answer

The impugned order dated 06.08.2025 dismissing the writ petition is set aside and the writ petition W.P.No.29478/2023 (GM-FC) is restored before the learned Single Judge, solely to provide the appellant yet another opportunity to pursue the same; the controversy over her alleged lack of notice of the 06.08.2025 hearing was not gone into.

Ratio / Principle

The restored writ petition W.P.No.29478/2023 (GM-FC) is to be listed before the concerned roster Bench on 15.07.2026.

Key takeaways

It is clarified that if the appellant is not represented on 15.07.2026, the petition may be dismissed without affording the appellant any further opportunity.ratio¶38

Detailed headnote1 paragraphs

Writ Appeal (Section 4, Karnataka High Court Act) — Restoration of writ petition dismissed for counsel's 'no instructions'. The Division Bench (Vibhu Bakhru, Chief Justice, author; K.S. Hemalekha, J.) set aside the order dated 06.08.2025 of the learned Single Judge dismissing W.P.No.29478/2023 (GM-FC), which had been dismissed after the appellant's counsel reported having no instructions, and restored the writ petition solely to give the appellant (appearing in person) another opportunity to pursue it. Without deciding the appellant's claim that she had no information of the 06.08.2025 hearing, the Bench directed listing before the concerned roster Bench on 15.07.2026 and clarified that if the appellant is unrepresented on that date, the petition may be dismissed without any further opportunity.

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NC: 2026:KHC:33406-DB WA No. 1696 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 3^RD DAY OF JULY, 2026

PRESENT

THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE

AND

THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA

WRIT APPEAL NO. 1696 OF 2025 (GM-FC)

BETWEEN:

SMT. PRIYANKA W/O PRATHIK AGED ABOUT 30 YEARS R/A NO. 64, GANGADHAR 15^TH C CROSS PRASHANTH NAGAR T-DASARAHALLI BENGALURU -560-057

Digitally signed by VEERENDRA KUMAR K M Location: High Court of Karnataka

PERMANENT ADDRESS NO. 302, 8^TH MAIN ROAD PIPELINE ROAD, VIJAYANAGAR BENGALURU - 560 040

(BY SMT. PRIYANKA - PARTY IN PERSON)

…APPELLANT

AND:

SRI. PRATHIK S/O SURESH PALANAKAR AGED ABOUT 38 YEARS R/A NO.302, 8^TH MAIN ROAD PIPELINE ROAD VIJAYANAGAR BENGALURU - 560 040

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NC: 2026:KHC:33406-DB WA No. 1696 of 2025

HC-KAR

THE SUB REGISTRAR VIJAYANAGAR SUB-REGISTRAR OFFICE BENGALURU - 560 040 KARNATAKA

…RESPONDENTS

THIS WRIT APPEAL FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO MODIFY THE ORDER DATED 06/08/2025 PASSED BY THE HON'BLE SINGLE JUDGE IN W.P.NO.29478/2023 AND ETC.

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MRS. JUSTICE K.S. HEMALEKHA

ORAL JUDGMENT

(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)

The appellant has filed the present appeal impugning an

order dated 06.08.2025 passed by the learned Single Judge of this Court in W.P.No.29478/2023 (GM-FC).

The appellant had filed the said writ petition. However, the said petition was dismissed by the impugned order as the learned counsel appearing for the appellant ( petitioner therein ) had submitted that she had no instructions.

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NC: 2026:KHC:33406-DB WA No. 1696 of 2025

HC-KAR

The appellant submits that she did not have information as to the hearing scheduled on 06.08.2025 before the learned Single Judge.

Without going into the said controversy, we consider it apposite to set aside the impugned order and restore the writ petition before the learned Single Judge, just to provide the appellant yet another opportunity to pursue the same.

The writ petition (W.P.No.29478/2023 (GM-FC)) would be listed before the concerned roster Bench on 15.07.2026.

We clarify that, if the appellant is not represented on the said date, the petition may be dismissed without affording the appellant any further opportunity.

Sd/(VIBHU BAKHRU) CHIEF JUSTICE

Sd/(K.S. HEMALEKHA) JUDGE

KMV List No.: 1 Sl No.: 44