Writ appeal filed to set aside an order dismissing a writ petition. The appeal was listed for dismissal. Upon final hearing, the counsel for the appellant repeatedly sought adjournments without attending the court. The court dismissed the writ appeal for non-prosecution.
Writ appeal dismissed for non-prosecution.
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NC: 2026:KHC:27890-DB WA No. 2275 of 2019
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2026
PRESENT
THE HON'BLE MR. JUSTICE JAYANT BANERJI AND
THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT APPEAL NO. 2275 OF 2019 (GM-RES)
BETWEEN:
…APPELLANT
Digitally signed by K S RENUKAMBA Location: High Court of Karnataka
(BY SRI: K SREEDHAR, ADVOCATE)
AND:
NC: 2026:KHC:27890-DB WA No. 2275 of 2019
HC-KAR
NEHRU PLACE
NEW DELHI-110 019.
NEW DELHI-110 019.
…RESPONDENTS
(BY SMT: SUMANA NAGANAND, ADVOCATE FOR R1; SRI: MURUGESH V CHARATI, ADVOCATE FOR R2 & 4; SMT: VAISHALI HEGDE, ADVOCATE FOR R5 NOTICE TO R3 DISPENSED WITH V/O/DTD 13.08.2024)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 11/04/2019 PASSED IN WP 5282/2015 [GMRES] THEREBY CANCEL THE SALE CERTIFICATES DATED 21/03/2011 AND 29/04/2011 ISSUED IN FAVOUR OF RESPONDENT NOS.4 AND 5; GRANT SUCH OTHER SUITABLE RELIEF/S, WRIT/S, DIRECTION/S WITH COSTS.
THIS WA, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
HC-KAR
CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI and HON'BLE MS. JUSTICE TARA VITASTA GANJU
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE JAYANT BANERJI)
Learned counsel for the appellant is present.
2. When the matter was last listed, the following order
was passed:
"The order under challenge in the instant appeal was passed in the writ petition whereby this Court dismissed the petition on the ground of alternative remedy. When the matter was called up in the first round, learned counsel appearing on behalf of learned counsel for the appellant sought for an accommodation and the case was passed over. When the matter was called out again, despite the learned Senior counsel Sri.Gurudas S Kannur, appearing on behalf of respondent Nos.2 and 4 being present in Court, no one appears for the appellant.
List this matter on 10.06.2026 for dismissal."
3. Today, when the matter was taken up in the first
call, learned counsel sought an adjournment on the ground that he has engaged a senior counsel in the matter. We declined to
NC: 2026:KHC:27890-DB WA No. 2275 of 2019
HC-KAR
adjourn the matter on that ground and passed over the matter. However, when the matter was called up again, learned counsel repeats his request for adjournment.
4. Since the matter is listed for dismissal, we decline to accede to the request of the learned counsel for the appellant. He was asked to proceed with the matter. He expressed his inability.
The writ appeal is, therefore, dismissed for nonprosecution.
Sd/-
(JAYANT BANERJI) JUDGE
Sd/(TARA VITASTA GANJU) JUDGE
BGN
List No.: 1 Sl No.: 13
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As recorded by the court registry
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