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2025 DAILYLAW 16055 (KAR)

SRI NARASEGOWDA v. SRI JAVAREGOWDA

WP/4359/2020 · 2025-06-19

Vijaykumar A Patil

Original Suitbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:21172 WP No. 4359 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO. 4359 OF 2020 (GM-CPC) BETWEEN: SRI. NARASEGOWDA S/O LATE SRINIVASAIAH, AGED ABOUT 52 YEARS, SRINIVASA AGRAHARA VILLAGE, K. SHETTIHALLI HOBLI, SRIRANGA PATNA TALUK, MANDYA DIST-571438. …PETITIONER (BY SRI. RAGHU M.N., ADVOCATE (ABSENT)) AND: SRI. JAVAREGOWDA S/O LATE DODDAIAHDE GOWDA, AGED ABOUT 89 YEARS, SRINIVASA AGRAHARA VILLAGE, K. SHETTIHALLI HOBLI, SRIRANGA PATNA TALUK, MANDYA DIST-571438. …RESPONDENT (BY SRI. ADITYA BHAT, ADVOCATE FOR SRI. G.S.BHAT, ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN O.S.NO.236/2016 ON THE FILE OF THE ADDL. CIVIL JUDGE AND JMFC, SRIRANGAPATNA AND QUASH THE ORDER DATED 09.12.2019 PASSED ON I.A. UNDER ORDER 18 RULE 18 OF CPC (ANNEXURE-F) Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21172 WP No. 4359 of 2020 IN O.S.NO.236/2016 ON THE FILE OF THE ADDL. CIVIL JUDGE AND JMFC, SRIRANGAPATNA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER The learned counsel for the respondent submits that the sole respondent died on 29.01.2021 and the same was reported to this Court on 08.09.2023 and this Court had granted time to take steps to bring the legal representatives of deceased sole respondent. 2. On 03.11.2023 the learned counsel for the petitioner was not present and the case was posted to 21.11.2023. On 21.11.2023 also there was no representation hence two weeks time was granted to do the needful. On the earlier occasion i.e., on 21.04.2025 also the petitioner's counsel was not present. Today, when the matter is called out, there is no representation. 3. It appears that the petitioner is not interested in prosecuting the petition and as steps are not taken in respect - 3 - HC-KAR NC: 2025:KHC:21172 WP No. 4359 of 2020 of deceased sole respondent, the petition is dismissed as abated. Sd/- (VIJAYKUMAR A. PATIL) JUDGE HJ List No.: 1 Sl No.: 21