Shivarathry K M v. Nischitha

Karnataka HC12 Feb 2026WP/32748/2024

Case brief

AI extract

What is this about?

HC-KAR; NC: 2026:KHC:8735; WP No. 32748 of 2024 (GM-CPC); Article 227 Constitution of India; dismissal for non-prosecution; office objections not complied; order dated 08.09.2025; impugned order dated 25.09.2024 of Senior Civil Judge and JMFC Periyapatna on I.A.No.5 in O.S.No.49/2019 (Annexure-F); petitioners Shivarathry K.M. and Gayathry @ Gayathramma; respondents Nischitha (minor) and Girish K.M.; advocate Nagabhushana S.; Justice Pradeep Singh Yerur; decided 12-02-2026.

What did the court decide?

As there was no representation for the petitioners and they appeared not to be interested in prosecuting the petition despite the earlier direction of 08.09.2025 to comply with office objections, the writ petition was dismissed for non-prosecution. ¶35-36

Shivarathry K M Vs Nischitha — Writ and Judicial Review | Karnataka HC (2026)

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NC: 2026:KHC:8735 WP No. 32748 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF FEBRUARY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 32748 OF 2024 (GM-CPC)

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BETWEEN:

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SHIVARATHRY K.M. S/O. LATE MOGANNEGOWDA AGED 42 YEARS.

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GAYATHRY @ GAYATHRAMMA W/O. LATE MOGANNEGOWDA AGED ABOUT 65 YEARS BOTH ARE R/AT NO.11/134A SRINIVASAPURA PRASAIAHNA HUNDI MYSURU TALUK AND DISTRICT.

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…PETITIONERS

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(BY SRI NAGABHUSHANA S., ADVOCATE)

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AND:

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NISCHITHA D/O. GIRISH K.M. Digitally signed by B AGED ABOUT 8 YEARS LAVANYA SINCE MINOR R/BY Location: HER MOTHER HIGH MAHALAKSHMI H.R. COURT OF KARNATAKA W/O. GIRISH K.M. AGED ABOUT 35 YEARS.

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GIRISH K.M. S/O. LATE MOGANNEGOWDA AGED ABOUT 45 YEARS RESPONDENTS NO.1 AND 2 ARE R/AT KITTUR VILLAGE AND POST

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NC: 2026:KHC:8735 WP No. 32748 of 2024

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HC-KAR

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BETTADAPURA HOBLI PERIYAPATNA TALUK MYSURU DISTRICT.

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…RESPONDENTS

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXUREF THE ORDER DATED 25.09.2024 PASSED BY THE HON'BLE SENIOR CIVIL JUDGE AND JMFC AT PERIYAPATNA ON I.A.NO.5 IN O.S.NO.49/2019 AND ALLOW THE SAID APPLICATION AS PRAYED FOR AND ETC.

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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 MR. JUSTICE PRADEEP SINGH YERUR

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ORAL ORDER

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There is no representation on behalf of the

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petitioners.

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