Writ petition under Article 227 against trial court orders rejecting an application for evidence through a GPA holder was dismissed for non-prosecution after repeated failures to serve Respondent No.2 and repeated adjournment requests.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2026:KHC:9226 WP No. 871 of 2020
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MS. JUSTICE TARA VITASTA GANJU
WRIT PETITION NO.871 OF 2020 (GM-CPC)
BETWEEN:
SMT. MUNIYAMMA W/O. LATE NARASIMHAIAH AGED ABOUT 69 YEARS R/AT NO.G-01 TO 05, GROUND FLOOR VISHALI RESIDENCE PROPERTY NO.3363 A-4 AND 1 TO 4 SURVEY NO.133/C, THIPPASANDRA 13TH MAIN, 3RD CROSS HAL 2ND STAGE, BBMP WARD NO.74 BENGALURU-560 008
…PETITIONER
AND:
S/O. LATE H. B. MARIAN AGED ABOUT 65 YEARS R/AT NO.55/1, FLAT NO.004 TRINITY COURT, INDIRANAGAR DOUBLE ROAD BENGALURU-560 038
NC: 2026:KHC:9226 WP No. 871 of 2020
HC-KAR
NC: 2026:KHC:9226 WP No. 871 of 2020
HC-KAR
NC: 2026:KHC:9226 WP No. 871 of 2020
HC-KAR
RESPONDENT NOS.10, 11 AND 12 ARE ALL R/AT FLAT NO.201, SECOND FLOOR VISHALI RESIDENCE PROPERTY NO.3363 A-4-11 SY.NO.133/C, THIPPASANDRA 13TH MAIN, 3RD CROSS HAL 2ND STAGE, BBMP WARD NO.74 BENGALURU-560 008
RESPONDENT NOS.13 AND 14 ARE R/AT FLAT NO.202, SECOND FLOOR VISHALI RESIDENCE PROPERTY NO.3363 A-4-12 SY.NO.133/C, THIPPASANDRA 13TH MAIN, 3RD CROSS HAL 2ND STAGE, BBMP WARD NO.74 BENGALURU-560 008
NC: 2026:KHC:9226 WP No. 871 of 2020
HC-KAR
13TH MAIN, 3RD CROSS HAL 2ND STAGE, BBMP WARD NO.74 BENGALURU-560 008
RESPONDENTS 18 AND 19 ARE R/AT FLAT NO.204 AND 205, SECOND FLOOR VISHALI RESIDENCE, PROPERTY NO.3363 A-4-12 SY.NO.133/C, THIPPASANDRA 13TH MAIN, 3RD CROSS HAL 2ND STAGE, BBMP WARD NO.74 BENGALURU-560 008
RESPONDENT NOS.20 AND 21 ARE R/AT FLAT NO.301, THIRD FLOOR VISHALI RESIDENCE, PROPERTY NO.3363 A-4-15 SY.NO.133/C, THIPPASANDRA 13TH MAIN, 3RD CROSS HAL 2ND STAGE, BBMP WARD NO.74 BENGALURU-560 008
NC: 2026:KHC:9226 WP No. 871 of 2020
HC-KAR
HAL 2ND STAGE, BBMP WARD NO.74
BENGALURU-560 008
RESPONDENTS 23 AND 24 R/AT FLAT NO.303, THIRD FLOOR VISHALI RESIDENCE PROPERTY NO.3363 A-4-17 SY.NO.133/C, THIPPASANDRA 13TH MAIN, 3RD CROSS HAL 2ND STAGE, BBMP WARD NO.74 BENGALURU-560 008
RESPONDENT NOS.26 AND 27 R/AT FLAT NO.305, THIRD FLOOR VISHALI RESIDENCE PROPERTY NO.3363 A-4-19
NC: 2026:KHC:9226 WP No. 871 of 2020
HC-KAR
SURVEY NO.133/C, THIPPASANDRA 13TH MAIN, 3RD CROSS HAL 2ND STAGE, BBMP WARD NO.74 BENGALURU-560 008
…RESPONDENTS
(BY SRI DINESH GAONKAR, ADVOCATE FOR R-1; V/O DATED 8/4/2021, NOTICE TO R-5, R-7 TO R-9 ARE HELD SUFFICIENT; R-3, R-4, R-6, R-10 TO R-27 ARE SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 9.12.2012 VIDE I.A.NO.32 AND THE ORDER 12.12.2019 REJECTING VIDE I.A.NOS.33 TO 35, PASSED BY THE 56TH ADDL., CITY CIVIL AND SESSIONS JUDGE C.C.H.-57 BENGALURU URBAN DISTRICT AT BENGALURU IN O.S.NO.5650/2015 VIDE ANNEXURES-F1 AND F2 RESPECTIVELY.
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU
ORAL ORDER
directions:
“Learned counsel for the petitioner requests for an adjournment to file an application to take steps for substituted service on Respondent No.2. Let the needful be done within a week. At his request, list on 03.02.2026”.
submitted he does not have any fresh address and that he
may be permitted to serve respondent No.2 through his
NC: 2026:KHC:9226 WP No. 871 of 2020
HC-KAR
counsel appearing before the learned Trial Court and on
that day permission for hand summons were also given.
set out that he would take instructions as to whether it is possible for the petitioner/defendant No.1 to depose through a commission appointed to visit her residence.
The order dated 03.02.2026 is extracted below:
“ 1. The report of the Registry is that respondent No.2 remains unserved on the ground that the respondent No.2 no longer resides in that address.
2. Learned counsel for the petitioner submits he does not have any fresh address but he may be permitted to serve respondent No.2 through his counsel appearing before the learned Trial Court.
3. Let the service by Hand Summons be effected on respondent No.2 before the next date of hearing.
4. After some arguments, learned counsel for the petitioner submits that he will take instructions as to whether it is possible for the petitioner/defendant No.1 to depose herself through a commission being appointed to visit her at the residence, in accordance with law.
5. At his request, list on 16.02.2026.
6. Interim order granted earlier is extended till the next date of hearing”.
adjournment to serve Respondent No.2
NC: 2026:KHC:9226 WP No. 871 of 2020
HC-KAR
12.12.2019 passed by 56th Addl. City Civil and Sessions Judge, Bangalore Urban District, Bangalore in O.S.No.5650/2015 (hereinafter referred as ‘Impugned Order’). By the Impugned Order, an application filed by the petitioner seeking for production of GPA holder for leading evidence has been dismissed.
NC: 2026:KHC:9226 WP No. 871 of 2020
HC-KAR
prosecution. All pending applications stand disposed of.
learned Trial Court, if such an application is filed.
Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA Sd/(TARA VITASTA GANJU) JUDGE
SNB List No.: 1 Sl No.: 5
1 provisions across 1 enactments
Smt. Muniyamma
Sri M. Rajan
M/s. Swasthik Developers
Mrs. Tara Jaikumar
Mr. Arun Pattabhiraman
Sri B. Ramaswamy
Tara Vitasta Ganju
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
