- 1 - NC: 2024:KHC:34255 WP No. 48053 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2024 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 48053 OF 2019 (GM-CPC) BETWEEN: SRI. THIMMAIAH S/O VENKATARAMANAPPA R/AT DODDABALLAPUR BENGALURU RURAL DISTRICT. …PETITIONER (BY SRI. BASAVARAJU N., ADVOCATE FOR SRI. B. RAMESH., ADVOCATE) AND: 1. CHANNAMMA W/O MUNIYAPPA MAJOR IN AGOE, 2. NANJUNDAPPA S/O JAVAREGOWDA, MAJOR IN AGE, 3. KRISHNAMMA W/O NARAYANASWAMY, MAJOR IN AGE, 4. RAMAKRISHNA, MAJOR IN AGE, 5. LAKSHMANA RAO S/O GIRI RAO, MAJOR IN AGE, Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2024:KHC:34255 WP No. 48053 of 2019 6. R.CHANDRASEKHAR S/O RUDRAPPA, MAJOR IN AGE, 7. SIDDAIAH S/O CHENNAMALLAIAH, MAJOR IN AGE, 8. NAGAPPA S/O NOT KNOWN MAJOR IN AGE, 9. THAYAMMA W/O KUPPASWAMPY, 10. A.K.MANI S/O IYYAPPAN, 11. RAMA ROA S/O GIRI RAO, 12. GOWRAMMA W/O GANGAREVANNA, 13. VELLIYAMMA W/O RADHAKRISHNA 14. JAGADAMBA W/O LINGADEVARAPPA, MAJOR IN AGE, ALL ARE R/AT MANJUNATHNAGAR, RAJAJINAGAR, BENGLAURU-560 010 15. THANGARAJU S/O PERIYASWAMY, MAJOR IN AGE, - 3 - NC: 2024:KHC:34255 WP No. 48053 of 2019 R/AT NEAR NAVARANG THEATRE, RAJAJINAGAR, BENGLAURU-560 010. 16. H.P.RUDRAPPA S/O NOT KNOWN MAJOR IN AGE, RAJAJINAGAR TEMPLE PRAKASHNAGAR, RAJAJINAGAR, BENGLAURU-560 010. 17. GOVINDA SHETTY MAJOR IN AGE, R/AT RAJAJINAGAR ENTRANCE, RAJAJINAGAR, BENGLAURU-560 010 18. CHENNAVEERADEVARU S/O SHIVAPPA, MAJOR IN AGE, R/AT III BLOCK, JAYANAGAR, BENGLAURU-560 010. 19. H.S.SHARADAMMA W/O MANTHAPPA MAJOR IN AGE, C/O BASAVARAJAPPA OPP. TO RAJA RAJESWARINAGAR, BENGLAURU-560 010. 20. NARAYANASWAMY S/O MUNISWAMY MAJOR IN AGE, R/AT MUNIREDDYPALYA, RT NAGAR POST, - 4 - NC: 2024:KHC:34255 WP No. 48053 of 2019 BENGLAURU-560 032. 21. BASAVARAJAPPA S/O PUTTABASSAPPA, MAJOR IN AGE, R/AT OPP. TO RAJA RAJESWARI KALYANA MANTAP RAJAJINAGAR, BENGLAURU-560 010. 22. SARVAMANGALAMMA W/O BASAVARAJAPPA MAJOR IN AGE, R/O OPP. TO RAJA RAJESWARI, KALYANA MANTAPA, RAJAJINAGAR, BENGLAURU-560 010. 23. NAGARATHNAMMA W/O NAGENDRA, MAJOR IN AGE, R/AT MAHALAKSHMI LAYOUT, RAJAJINAGAR, BENGLAURU-560 010. 24. HODAVATTI S/O NOT KNOWN MAJOR IN AGE, R/AT BEERANGI PALYA, RAJAJINAGAR, BENGLAURU-560 010. 25. VENKATESH S/O BYRAPPA MAJOR IN AGE, R/AT SIDDARAMA DINNE, - 5 - NC: 2024:KHC:34255 WP No. 48053 of 2019 RAJAJINAGAR, BENGALURU-560 010. …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 11.04.2019 PASSED IN MISC.NO.331/2009 PASSED BY THE 31ST ADDITIONAL CITY CIVIL JUDGE (CCH-14) AT BENGALURU ANNX-J AND ALLOW THE MISC. PETITION BY PERMITTING THE PETITIONER TO PROSECUTE THE SUIT BEARING OS NO.2019/1981 ON MERITS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER The learned counsel for the petitioner once again states that he has sent notice to the petitioner expressing his inability to continue in the matter and therefore the learned counsel should be permitted to retire from the matter. 2. On the previous date of hearing, this Court had directed that necessary arrangements shall be made to either ensure that the petitioner should appear before this - 6 - NC: 2024:KHC:34255 WP No. 48053 of 2019 court or alternative arrangement shall be made for his appearance. 3. In the light of the fact noticed hereinabove and the repeated statement made by the learned counsel for the petitioner, this court has no other alternative option than to dismiss the writ petition itself. Accordingly, the writ petition stands dismissed. Sd/- (R DEVDAS) JUDGE KLY CT: JL