The High Court of Karnataka dismissed a writ petition filed under Article 226 for non-prosecution as the petitioner failed to pursue the matter diligently after an interim order and earlier time grants.
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NC: 2026:KHC:27792 WP No. 25816 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2026
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO. 25816 OF 2023 (GM-FC)
BETWEEN:
SRI. K. MANJUNATHA
S/O LATE KARIYAPPA @ TAGADEGOWDA
AGED ABOUT 37 YEARS
R/A NO.18/13/1, PRABHAKAR BUILDING
IST CROSS, DODDABALLAPURA MAIN ROAD
PUTTENAHALLI, YELAHANKA
BENGALURU - 560 064
Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA
…PETITIONER
(BY SRI. ALLAH BAKASH M, ADVOCATE (ABSENT))
AND:
SMT. NAGAVENI. G. H.
W/O K. MANJUNATHA
HC-KAR
AGED ABOUT 25 YEARS
R/AT GOWDAHALLI VILLAGE
MALAGALU POST, KASABA HOBALI KANAKAPURA TALUK
RAMANAGARA DISTRICT - 562 117.
…RESPONDENT
(BY SRI. NATARAJ BABA K, ADVOCATE)
THIS WP IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO-SET ASIDE THE IMPUGNED ORDER DTD 17.03.2023 PASSED ON IA.NO.1, IN THE M.C.NO.62/2022, ON FILE OF THE SR.CIVIL JUDGE AND JMFC, KANAKAPURA VIDE ANNEXURE-A AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
HC-KAR
ORAL ORDER
No representation on petitioner's side on call.
Sri.Nataraj Baba.K learned counsel for the respondent submits that petitioner is not evincing any interest in the matter and though this Court clearly cautioned the petitioner that no further time will be granted, the petitioner has not choosen to conduct the case.
On 03.06.2026 following order was passed.
"Sri. Benaka.K representing Sri.Allah Bakash.M learned counsel on record for the petitioner seeks time. On the other hand, learned counsel for the respondent projects urgency.
To give fair opportunity, time for a week is granted.
List the matter on 10.06.2026. No further time will be granted".
The petitioner obtained an interim order in the year 2024. Though the matter was listed earlier under the caption for dismissal, basing on the submission that was made by learned counsel for the petitioner on 12.08.2025, the matter was
NC: 2026:KHC:27792 WP No. 25816 of 2023
HC-KAR
ordered to be removed from the caption 'for dismissal'. However, even thereafter petitioner has not chosen to pursue the matter diligently. Therefore, this Court is of the view that there are no grounds to grant further time.
Hence, the writ petition is dismissed for non prosecution.
Sd/(DR.CHILLAKUR SUMALATHA) JUDGE
VS List No.: 1 Sl No.: 8
Sri. K. Manjunatha
Smt. Nagaveni. G. H.
Dr. Justice Chillakur Sumalatha
As recorded by the court registry
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