- 1 - NC: 2025:KHC:1631 CP No. 249 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA CIVIL PETITION NO. 249 OF 2024 BETWEEN: H.B. SHIVAPRASAD, S/O. LATE A. BYRALINGAPPA, AGED ABOUT 61 YEARS, R/AT HYADALU GRAMA MYNAHALLI POST, KASABA HOBLI NELA MANGALA TALUK, BENGALURU RURAL DISTRICT, PIN CODE 562 123, MOBILE NO.8861255729. …PETITIONER (BY SRI. JAGADEESH PATIL, ADVOCATE (ABSENT)) AND: 1. B.R. NAGARATHNAMMA D/O. LATE H.P. RAMACHAR, W/O. LATE H.N. VISHWANATHACHAR, AGED ABOUT 75 YEARS, R/AT HEBBUR VILLAGE AND POST, TUMKUR TALUK AND DISTRICT 572 120. 2. B.R. UMADEVI D/O. LATE H.P. RAMACHAR, W/O. H.V. CHANDRASHEKAR, AGED ABOUT 70 YEARS, R/AT. NO.259/1, 7TH CROSS, 3RD MAIN, SRINIVASANAGAR, Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1631 CP No. 249 of 2024 BSK 2ND STAGE, BENGALURU-560 050. 3. B.R. PANKAJA D/O, LATE H.P. RAMACHAR, W/O. T. R MOHAN, AGED ABOUT 60 YEARS, R /AT NO.254, 6TH CROSS, 3RD MAIN ROAD, SRINIVASANAGAR, BSK 2ND STAGE, BENGALURU-560 050. 4. B.R. INDRAKUMAR S/O LATE H.P. RAMACHAR AGED ABOUT 73 YEARS. 5. B.I. KRISHNAMURTHY S/O B.R. INDRAKUMAR, GRANDSON OF LATE B.R. PUTTACHAR, AGED ABOUT 40 YEARS. 6. B.I. MAMATHA D/O B.R. INDRAKUMAR, GRAND DAUGHTER OF LATE B.R. PUTTACHAR, AGED ABOUT 40 YEARS, DEFENDANTS 4 TO 6, R/AT NO.259, 7TH CROSS, 3RD MAIN, SRINIVASA NAGAR, BSK 2ND STAGE, BENGALURU 560 050. - 3 - NC: 2025:KHC:1631 CP No. 249 of 2024 7. B.R. LATHA, D/O. LATE H.P. RAMACHAR, AGED ABOUT 55 YEARS, R/AT, NO.36/1, (OLD NO. 535), 7TH MAIN ROAD, MYSORE ANANTHASWAMY ROAD, HANUMANTHANAGAR, BENGALURU-560 019. 8. S. CHANDRASHEKAR S/O. LATE. SIDDALINGAPPA, AGED ABOUT 58 YEARS, R/AT, NO. 12, NARASIMHA MAISTRY GALLI, POLICE ROAD, BALEPET, BENGALURU -560 053 9. M. NANJUNDA S/O. MUNIGANGAPPA, AGED ABOUT 58 YEARS, R/AT NO. 22, PANCHALA SINGANNA LANE, RANASING PETE, BENGALURU-560 53. 10. M. RUKMINI D/O. LATE MUNIVENKATAPPA, AGED ABOUT 49 YEARS, R/AT, NO. 149, 4TH CROSS, 2ND MAIN ROAD, VINAYAKANAGAR, BENGALURU -560 070 11. RAJALAKSHMI W/O LATE VINAY KUMAR, AGED ABOUT 52 YEARS, R/AT NO.304/B, - 4 - NC: 2025:KHC:1631 CP No. 249 of 2024 'BRIGADE MESTIC', 2ND FLOOR, MAHAKAVI KALIDASA ROAD, GANDHINAGARA, BENGALURU 560 009. 12. SMT. SHANTHIDEVI W/O LATE JASRAJ, AGED ABOUT 90 YEARS. 13. KUSHALCHAND S/O LATE JASRAJ AGED ABOUT 40 YEARS, DEFENDANT 12 AND 13 BOTH RESIDING AT NO.12, 2ND FLOOR, G.K. TEMPLE STREET, CHICKPET CROSS, BENGALURU 560 053 …RESPONDENTS (BY SRI. VIRUPAKSHAIAH P.H., ADVOCATE FOR R1 TO R3 (ABSENT)) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CIVIL PROCEDURE CODE PRAYING TO ALLOW THE PETITION OF TRANSFER THE FROM V TH ADDL. CITY CIVIL AND SESSIONS JUDGE,BENGALURU, CCH-13 IN O.S. NO. 5520/2010 TO THE COURT OF CIVIL AND SESSION JUDGE SENIOR DIVISION, NELAMANGALA, JURISDICTIONAL COURT AS THE SUBJECT MATTER IS SITUATED AT NELAMANAGALA TALUK, BENGALURU RURAL AND TO PASS SUCH OTHER CONSEQUENTIAL RELIEF AS THE HONBLE COURT DEEMS FIT, AND THAT THE MATTER MAY BE HEARD AND DISPOSED OF AT THE EARLIEST IN THE ENDS OF JUSTICE AND EQUITY. - 5 - NC: 2025:KHC:1631 CP No. 249 of 2024 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL ORDER No representation on either side. On 10.01.2025 the following order was passed. "No representation on petitioner's side on call. Sri. Yogesh representing Sri.Virupakshaiah P.H, learned counsel on record for respondent Nos.1 to 3 submits that the petitioner sought for transfer of a suit of the year 2010 and now the said suit is in the stage of arguments. Learned counsel submits that only to drag on the proceedings, the present petition is filed for transfer. In the light of the submission made by the learned counsel for respondent Nos.1 to 3 and as there is no representation on petitioner's side on call, this Court orders that in case the petitioner fails to represent the matter and make his submission regarding the merits of the case on 16.01.2025, the petition would be dismissed for non prosecution. List on 16.01.2025." - 6 - NC: 2025:KHC:1631 CP No. 249 of 2024 The order referred above makes it clear that the petitioner was ordered to represent the matter on this day, atleast. However, there is no representation. Therefore, the petition stands dismissed for non prosecution. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE VS List No.: 1 Sl No.: 30