- 1 - NC: 2025:KHC:392 WP No. 22418 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 22418 OF 2021 (GM-DRT) BETWEEN: SHRI SANTOSH KUMAR.K AGED ABOUT 41 YEARS, SON OF LATE A KRISHNAPPA, R/AT NO.1031/B, 40TH CROSS, JAYANAGAR, 4TH T BLOCK, BANGALORE-560 041. …PETITIONER (BY SRI. KIRAN.B., ADVOCATE [ABSENT]) AND: 1. CANARA BANK SOUTH END ROAD BRANCH, NO.19 SOUTH END ROAD, BASAVANAGUDI, BANGALORE-560 004. REPRESENTED BY ITS MANAGER. 2. M/S. JAYA SHANMUGA PROJECTS PVT LTD, NO.216/3, "SURAJ TOWERS", 4TH FLOOR, 27TH CROSS, JAYANAGAR, 3RD BLOCK, BANGALORE-560 011. REPRESENTED BY ITS DIRECTORS. 3. M/S. JAYA SHANMUGA INFRA PROJECTS PVT LTD., NO.216/3, "SURAJ TOWERS", 4TH FLOOR, 27TH CROSS, JAYANAGAR, 3RD BLOCK, BANGALORE-560 011. REPRESENTED BY ITS DIRECTORS. Digitally signed by THEJASKUMAR N Location: High Court of Karnataka - 2 - NC: 2025:KHC:392 WP No. 22418 of 2021 4. M/S JAYA SHANMUGA PROJECTS PVT LTD., NO.216/3, "SURAJ TOWERS", 4TH FLOOR, 27TH CROSS, JAYANAGAR, 3RD BLOCK, BANGALORE-560 011. REPRESENTED BY ITS DIRECTORS. 5. M/S S.V.S. PROPERTIES INDIA PVT LTD., NO.216/3, "SURAJ TOWERS", 4TH FLOOR, 27TH CROSS, JAYANAGAR, 3RD BLOCK, BANGALORE-560 011. REPRESENTED BY ITS DIRECTORS. 6. SHRI S.V.S.SUDHEER BABU SON OF SRI LAKSHMINARAYANA SOLLIETY, AGED ABOUT 43 YEARS, DIRECTOR, M/S. JAYA SHANMUGA PROJECTS (P) LTD., M/S JAYA SHANMUGA INFRA PROJECTS (P) LTD., M/S JAYA SHANMUGA HOMES (P) LTD., M/S S.V.S.PROPERTIES INDIA (P) LTD., R/AT FLAT NO.301, 3RD FLOOR, "NIKHIL RESIDENCY", APT NO.576 (P-1), 25TH CROSS, 39TH MAIN, IDEAL HOMES TOWNSHIP, HALAGEVADERA HALLI, RAJARAJESHWARINAGAR, BANGALORE-560 098. 7. SHRI PRASHANTH RAJU SON OF SRI CHANGAM GOPINATH RAJU, AGED ABOUT 38 YEARS, DIRECTOR, M/S JAYA SHANMUGA PROJECTS (P) LTD., M/S JAYA SHANMUGA INFRA PROJECTS (P) LTD., M/S JAYA SHANMUGA HOMES (P) LTD., M/S S.V.S. PROPERTIES INDIA (P) LTD., R/AT NO.74, 3RD MAIN, 3RD CROSS, B T M LAYOUT, 2ND STAGE, BILEKAHALLI, DOLLARS LAYOUT, BANGALORE-560 076. - 3 - NC: 2025:KHC:392 WP No. 22418 of 2021 8. SHRI C.SHARATH SON OF SRI S.R.CHILAKARI, AGED ABOUT 45 YEARS, DIRECTOR, M/S JAYA SHANMUGA PROJECTS (P) LTD., M/S JAYA SHANMUGA INFRA PROJECTS (P) LTD., M/S JAYA SHANMUGA HOMES (P) LTD., M/S S.V.S. PROPERTIES INDIA (P) LTD., NO.216/3, "SURAJ TOWERS", 4TH FLOOR, 27TH CROSS, JAYANAGAR, 3RD BLOCK, BANGALORE-560 011. …RESPONDENTS (BY SMT.NATASHA MURTHY., ADVOCATE FOR SRI. SHETTY VIGNESH SHIVARAM., ADVOCATE FOR R1; NOTICE TO R6 & 7-HELD SUFFICIENT V/O DATED:28.07.2022; R2 TO 4 & 8-STANDS DISMISSED V/O DATED:05.08.2024; R5-SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER When the case is called, the petitioner is not represented. When the case is listed and called out, the advocate must be present. The absence may affect the case. Smt.Natasha Murthy., counsel on behalf of Sri.Shetty Vignesh Shivaram., for respondent No.1 has appeared in person. - 4 - NC: 2025:KHC:392 WP No. 22418 of 2021 Counsel Smt.Natasha Murthy., on instruction submits that the petitioner has settled the issue with the Bank. The oral submission made by counsel for respondent No.1 is placed on record. As could be seen from the daily order sheet, the petition was listed on 05.08.2024, on that day, there was no representation on behalf of the petitioner. The petition is listed today. As already noted above, when the case is called, the petitioner is not represented. As could be seen from the petition papers, the petition is filed in the year 2021. Now we are in the month of January 2025. The petition is pending from four years. It appears that the petitioner is not interested in prosecuting the petition. Hence, the Writ Petition is dismissed for non-prosecution. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 3 Sl No.: 48