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2025 DAILYLAW 2489 (KAR)

SMT. YOMAKESHWARI v. SMT. K GIRIJA

WP/6679/2021 · 2026-08-19

Vijaykumar A Patil

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:51275 WP No. 6679 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION NO. 6679 OF 2021 (GM-CPC) BETWEEN: 1. SMT. YOMAKESHWARI W/O LATE SIDDALINGAPPA ADAVAPPA, AGED ABOUT 56 YEARS, 2. SRI. ARUN SIDDALINGAPPA S/O LATE SIDDALINGAPPA ADAVAPPA, AGED ABOUT 35 YEARS, BOTH ARE R/AT NO.4, OLD NO.10/12, RATNAVILAS ROAD, BASVANAGUDI, BANGALORE - 560 004. …PETITIONERS (BY SRI. GOVINDE GOWDA.K.T., ADVOCATE [ABSENT] AND: 1. SMT. K.GIRIJA W/O LATE SIDDALINGAPPA ADAVAPPA, AGED ABOUT 75 YEARS, 2. SRI. GOUTHAM SIDDALINGAPPA, W/O LATE SIDDALINGAPPA ADAVAPPA, AGED ABOUT 47 YEARS, BOTH ARE R/AT NO.2937, 1ST MAIN, BEHIND UMAMAHESHWARI TEMPLE, BANASHANKAR III STAGE, BANGALORE - 560 025. Digitally signed by S NOORUNNISABEGUM Location: HIGH COURT OF KARNATAKA, BENGALURU - 2 - HC-KAR NC: 2025:KHC:51275 WP No. 6679 of 2021 3. SMT. GOWRI SIDDALINGAPPA W/O LATE SIDDALINGAPPA ADAVAPPA, AGED ABOUT 39 YEARS, R/AT C/O. SMT. K.GIRIJA, R/AT NO.2937, 1ST MAIN, BEHIND UMAMAHESHWARI TEMPLE, BANASHANKAR III STAGE, BANGALORE - 560 025 CURRENTLY RESIDING IN U.S.A., 4. THE MANAGER, SYNDICATE BANK, J.C. ROAD BRANCH, JASMINE MANSION, I FLOOR, OPP TO S.B.I, J.C.ROAD, BENGALURU -560 002. 5. THE MANAGER, VIJAYA BANK, SOUTH END CIRCLE BRANCH, SOUTH END ROAD, BASAVANAGUDI, BENGALURU - 560 004. 6. M/S. PUSHPAGIRI FORGINGS PVT LTD., PLOT NO.516, IV PHASE, 10TH MAIN, PEENYA, INDUSTRIAL AREA, BANGALORE -560 058. REP. BY ITS MANAGING DIRECTOR. 7. SRI. H.C.VIRUPAKSHAPPA, FATHER NAME NOT KNOWN TO PLAINTIFFS, AGED ABOUT 70 YEARS, R/AT SRI. SIDDESHWARA KRUPA, NO.5, 60 FT ROAD, AMARJYOTHINAGAR BANGALORE – 560 040. MEMBER-M/S.PUSHPAGIRI, FORGINGS PVT LTD., - 3 - HC-KAR NC: 2025:KHC:51275 WP No. 6679 of 2021 8. SRI. B.S.UMESH S/O SRI. SHANTHAVEERIAH, AGED ABOUT 58 YEARS, R/AT NO.16/8 10TH CROSS, S.P.EXTENSION, MALLESHWARAM, BANGALORE-560 003. MEMBER-M/S. PUSHPAGIRI FORGINGS PVT. LTD., 9. M/S. WATER AND POWER ENGINEERING, HAVING OFFICE AT NO.78, 1ST FLOOR, J.C.ROAD, BENGALURU -560 002. REPRESENTED BY ITS MANAGING DIRECTOR. …RESPONDENTS (BY SRI. ANIRUDHU.A.KULKARNI., ADVOCATE FOR R1; SRI. NARAYAN BABU.D.N., ADVOCATE FOR R2; SRI. S.G.MUNISWAMY GOWDA., ADVOCATE FOR R3; SRI. SOWBHAGYA.V., ADVOCATE FOR R4; SMT. PRAMILA NESARGI., SENIOR COUNSEL FOR SRI. A.K.VASANTH., ADVOCATE FOR R6 & R8; SRI. ANUJ.H., ADVOCATE FOR R7; SRI. SUDHARSAN SURESH., ADVOCATE FOR R9; R5-SERVED) THIS WP FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS IN O.S.NO.651/2016 BY THE LXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE (CCH-65) AND TO SET ASIDE THE ORDERS UNDER ANNEXURE-A PASSED ON I.A. FILED UNDER ORDER 1 RULE 10(2) OF CPC DATED 22.02.2021 BY ALLOWING THE SAME AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU - 4 - HC-KAR NC: 2025:KHC:51275 WP No. 6679 of 2021 ORAL ORDER 1. None appears for the petitioner despite the matter being called out twice today. 2. On the last date of hearing as well as petitioner sought for adjournment. At his request the matter was listed today. 3. Learned counsel for the respondent submits that the petitioner has obtained an interim order granting stay of the proceedings before the trial Court almost four years ago and is thereafter delaying the adjudication of the matter. 4. It seems that the petitioner is not interested in prosecuting this case. 5. The petition is accordingly dismissed in default and for non-prosecution. All pending applications stand closed. Sd/- (TARA VITASTA GANJU) JUDGE TIN List No.: 1 Sl No.: 23