Dismissed¶37

Smt Perumamma v. Sri. Dasaiah

Karnataka HC19 Jan 2026WP/14208/2022

Case brief

AI extract

What is this about?

Amendment of written statement; Order VI Rule 17 CPC; Section 151 CPC; due diligence; 12-year delay during trial; dismissal for non-prosecution/default; O.S.No.05/2010 Channapatna (Ramanagara); writ under Articles 226 & 227 dismissed without adjudication of merits; counsel Sri. Chikkanna absent; respondent Sri. Dasaiah served, unrepresented; no precedent cited; no costs or amounts awarded.

What did the court decide?

As none appeared for the petitioners/defendants on 28.08.2025 or on the hearing date, the writ petition was dismissed in default and for non-prosecution; the merits of the challenged amendment order were not adjudicated. ¶37

Smt Perumamma Vs Sri. Dasaiah — Writ and Judicial Review | Karnataka HC (2026)

¶1

¶2

NC: 2026:KHC:2730 WP No. 14208 of 2022

¶3

HC-KAR

¶4

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶5

DATED THIS THE 19^TH DAY OF JANUARY, 2026

¶6

BEFORE

¶7

THE HON'BLE MS. JUSTICE TARA VITASTA GANJU

¶8

WRIT PETITION NO.14208 OF 2022 (GM-CPC)

¶9

BETWEEN:

¶10

SMT. PERUMAMMA, AGED ABOUT 72 YEARS, W/O LATE L MALAVAIAH,

¶11

SMT. CHIKKATHAYAMMA , AGED ABOUT 57 YEARS, W/O LATE MALAVAIAH,

¶12

SRI. BEERAPPA, AGED ABOUT 37 YEARS, S/O LATE KARIYAPPA,

¶13

SRI. MARIYAPPA, S/O LATE DODDA MALAVAIAH, SINCE DEAD BY HIS LRS,

¶14

4(a). SMT. KAVERAMMA, AGED ABOUT 70 YEARS, W/O LATE MARIYAPPA,

¶15

SRI. APPAJI, AGED ABOUT 52 YEARS, S/O LATE DODDA MALAVAIAH,

¶16

SRI. MAHADEVA, AGED ABOUT 53 YEARS, S/O LATE DODDA MALAVAIAH

¶17

¶18

NC: 2026:KHC:2730 WP No. 14208 of 2022

¶19

HC-KAR

¶20

SRI. MALAVARAJU, AGED ABOUT 50 YEARS, S/O LATE DODDA MALAVAIAH,

¶21

SRI. L. C. RAMAKRISHNA, AGED ABOUT 67 YEARS, S/O SRI. CHELUVAIAH, ALL ARE RESIDING AT LALAGHATTA VILLAGE, CHANNAPATNA TALUK RAMANAGARA DISTRICT – 562 159

¶22

…PETITIONERS

¶23

(BY SRI. CHIKKANNA., ADVOCATE - ABSENT)

¶24

AND:

¶25

SRI. DASAIAH, AGED ABOUT 87 YEARS, S/O LATE THIRUMALAIAH, R/ AT LALAGHATTA VILLAGE, KASABA HOBLI, CHANNAPATNA TALUK, PIN CODE – 562 160

¶26

…RESPONDENT

¶27

(RESPONDENT SERVED)

¶28

THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION TO QUASH THE IMPUGNED ORDER DATED 05.07.2022 ON I.A.NO.V IN THE SUIT O.S.NO.05/2010, AS PER ANNEXURE-‘A’ AND TO ALLOW I.A.NO.V PERMITTING THE PETITIONERS TO AMEND THE WRITTEN STATEMENT AS PROPOSED IN THEIR APPLICATION AND ETC.

¶29

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

¶30

CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU

¶31

¶32

NC: 2026:KHC:2730 WP No. 14208 of 2022

¶33

HC-KAR

¶34

ORAL ORDER

¶35

None appears for the petitioners. There was no presence on the last date of hearing as well.

¶36

The record reflects that the petition has been filed challenging the dismissal of an application filed by the petitioners/defendants under Order VI Rule 17 read with Section 151 of the Code of Civil Procedure, 1908, in O.S.No.05/2010, which was dismissed by the learned Trial Court on 05.07.2022 (hereinafter referred to as the “Impugned Order”). The Impugned Order gave a finding that the application was filed for amendment during the trial, after the lapse of 12 years, without any explanation and without the exercise of due diligence.

¶37

Since there was no appearance on behalf of the petitioners/defendants 28.08.2025 and even today, the petition is dismissed in default and for non-prosecution.

¶38

Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA

¶39

(TARA VITASTA GANJU) JUDGE

¶40

YN List No.: 1 Sl No.: 26

Smt Perumamma v. Sri. Dasaiah

Case brief

What is this about?

What did the court decide?

Smt Perumamma v. Sri. Dasaiah

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Sri Somanna Vs the Special Land Acquisition Officer

Mr. Mahadevanayaka Vs Mr. Venkataranganayaka

Sri. Sankalli Nagappa Vs Sankalli Mugappa

The President Vs Sri Nagaraj

Smt. Ramakka Vs Sri. v. Hari Das

Sri. Narasimhamurthy P L Vs Smt. Neelamma