Smt. Meenakshi v. Sri. Syed Kareem Sab

Karnataka HC2 Feb 2026WP/28047/2018

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; WP No. 28047 of 2018 (GM-CPC); decision dated 02.02.2026; Tara Vitasta Ganju, J.; Article 227 Constitution of India; petition dismissed for non-prosecution after eleven adjournments by petitioner's counsel following stay dated 12.02.2021; non-compliance with order dated 21.01.2026; challenge to order dated 04.06.2018 in Execution No.41/2012, Civil Judge Jr. Dvn and JMFC Periyapatna; all pending applications closed; no ruling on merits of execution order.

What did the court decide?

The Court declined to grant any further adjournment, since eleven adjournments had already been availed by the petitioner. ¶48

Smt. Meenakshi Vs Sri. Syed Kareem Sab — Writ and Judicial Review | Karnataka HC (2026)

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NC: 2026:KHC:6364 WP No. 28047 of 2018

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2^ND DAY OF FEBRUARY, 2026

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BEFORE

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THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION NO. 28047 OF 2018 (GM-CPC)

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BETWEEN:

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SMT. MEENAKSHI W/O P.Y.MALLESH, R/AT EDIGA BEEDI, PERIYAPATNA TOWN, MYSURU DISTRICT-571 107.

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…PETITIONER

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(BY SRI. ROHITH GOWDA., ADVOCATE)

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AND:

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SRI. SYED KAREEM SAB

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S/O BUDAN SAB, R/AT OLAKATE,

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MEDARA BLOCK, PERIYAPATNA TOWN, MYSURU DISTRICT-571 107.

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1(a) RIZWAN BEGUM, W/O LATE SYED KAREEM, AGED ABOUT 50 YEARS,

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1(b) SYED AMANULLA S/O LATE SYED KAREEM, AGED ABOUT 30 YEARS,

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1(c) SYED SANAULLA S/O LATE SYED KAREEM

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NC: 2026:KHC:6364 WP No. 28047 of 2018

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HC-KAR

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AGED ABOUT 30 YEARS,

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1(d) SYED SAMMRIN

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S/O LATE SYED KAREEM,

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AGED ABOUT 28 YEARS,

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1(e) SYED AMREEN

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S/O LATE SYED KAREEM, AGED ABOUT 26 YEARS,

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ALL ARE R/AT MEDARA BLOCK, PERIYAPATNA TOWN & TALUK, MYSURU DISTRICT-571 107.

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…RESPONDENTS

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(BY SRI. P.M.SIDDAMALLAPPA., ADVOCATE FOR R1(B) & (C);

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V/O DTD: 02.08.2021, NOTICE TO R1(A, D, & E)-HELD SUFFICIENT)

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THIS WP FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO-CALL FOR RECORDS IN EX. PET NO.41/2012 AND SET ASIDE THE ORDER DATED 04.06.2018, PASSED ON EXECUTION NO.41/2012 BEFORE THE CIVIL JUDGE, JR. DVN AND JMFC AT PERIYAPATNA WHICH IS PRODUCED AT ANNEXURE-A AND CONSEQUENTLY TO ALLOW THE APPLICATION FILED BY THE JDR NO.2.

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

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CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU

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NC: 2026:KHC:6364 WP No. 28047 of 2018

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HC-KAR

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ORAL ORDER

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This petition is filed seeking to set aside the order

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dated 04.06.2018, in Ex.No.41/2012 passed by the Civil

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Judge and JMFC, Periyapatna [hereinafter referred to as the “Impugned Order”].

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The record reflects that multiple adjournment requests have been sought for by the petitioner’s counsel right from the date when the petition was filed on 02.07.2018. After the notice was issued and a stay

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was granted by this Court on 12.02.2021, the petitioner’s counsel has requested for 11(eleven) adjournments and these include orders dated 08.09.2021, 05.07.2023, 21.08.2024, 12.09.2024, 05.03.2025, 22.03.2025, 28.03.2025, 19.06.2025, 03.07.2025, 28.07.2025 and 18.09.2025. For the sake

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of brevity, these orders have not been reproduced.

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NC: 2026:KHC:6364 WP No. 28047 of 2018

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HC-KAR

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When the matter was listed on 21.01.2026, a joint request for adjournment was sought by the parties. The adjournment was granted.

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Today, once again the petitioner’s counsel seeks an adjournment. The order dated 21.01.2026 is also not complied with.

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Since, eleven adjournments have been taken by the petitioner at the past and this Court is not inclined to grant any further adjournment. The conduct of the petitioner makes it clear that she does not wish to prosecute the matter.

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6. The petition is accordingly dismissed for

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non-prosecution. All pending applications stand closed.

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Digitally signed by TARA VITASTA GANJU

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Location: HIGH COURT OF KARNTAKA Sd/(TARA VITASTA GANJU) JUDGE

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List No.: 1 Sl No.: 9

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