- 1 - NC: 2025:KHC:15295 WP No. 51030 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.51030 OF 2019 (GM-RES) BETWEEN: NIRMALA W/O MAHAVIRCHAND AGED ABOUT 61 YEARS R/AT NO.355, 1ST CROSS ROAD ROBERTSONPET KOLAR GOLD FIELDS-563122. …PETITIONER (BY SMT. SRUTI C. CHAGANTI, ADV., [ABSENT]) AND: 1. ASHOK S. DHARIWAL S/O SUGANCHAND DHARIWAL AGED ABOUT 67 YEARS R/AT NO.8/32, BULL TEMPLE ROAD SHANKARAPURAM BANGALORE -560004 NOW R/AT SHRAVNI PRIDE NO.7, MARKET ROAD GANDHI BAZAR BENGALURU-560004. 2. VIJAYA S. DHARIWAL W/O ASHOK S. DHARIWAL AGED ABOUT 67 YEARS R/AT NO.8/32, BULL TEMPLE ROAD SHANKARAPURAM BANGALORE -560004 NOW R/AT Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15295 WP No. 51030 of 2019 SHRAVNI PRIDE NO.7, MARKET ROAD GANDHI BAZAR BENGALURU-560004. 3. PUSHPA BAI W/O DHARAMCHAND AGED ABOUT 67 YEARS R/AT 355, 1ST CROSS ROAD ROBORTSONPET KOLAR FOLD FIELDS-563122. 4. M/S. ALPINE HOUSING DEVELOPMENT CORPORATION PRIVATE LIMITED HAVING ITS OFFICE AT NO.1A, T.N.R.CHAMBERS III FLOOR, CHRUCH STREET BANGALORE-560001 REP. BY IS MANAGING DIRECTOR SHRI. S.A. KABEER. 5. MR. GOPALKRISHNA AGED MAJOR RETD. DISTRICT AND SESSIONS JUDGE NO.2218, 80 FT. ROAD HAL 3RD STAGE, KODIHALLI CROSS BANGALORE-560008. 6. MR. VITTAL MADAMANYA AGED MAJOR CHARTERED ACCOUNTANT C/O MAHIAN, SURESH SUNDER AND VITTAL NO.33, 2ND FLOOR SOUTH END ROAD BASAVANGUDI BANGALORE-560004 ALSO AT: 2ND FLOOR, ANJANI COMPLEX NO.27, LALBAGH ROAD MISSION ROAD, BANGALORE-560007. - 3 - NC: 2025:KHC:15295 WP No. 51030 of 2019 7. A. SHYAMA IYENGAR AGED MAJOR RETD. DISTRICT JUDGE NO.177, JUDGES COLONY BASAVESHWARA NAGAR BANGALORE-560079. …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI TO QUASH/SET-ASIDE THE ORDER DATED 25.10.2019 PRODUCED HEREWITH AS ANNEXURE-L PASSED BY THE LEARNED LII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE IN A.C.NO.38/1998 ON I.A.NO.3 FILED BY THE PETITIONER U/S 10 R/W SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 R/W SECTION 36 OF THE ARBITRATION ACT, 1996. PASS AN ORDER ALLOWING I.A.3 FILED BY THE PETITIONER & ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court, seeking the following reliefs: "i) Issue a writ, order or direction in the nature of certiorari to quash/set aside the order dated 25.10.2019, produced herewith as ANNEXURE-L, passed by the Learned LII Additional City Civil and Sessions Judge, - 4 - NC: 2025:KHC:15295 WP No. 51030 of 2019 Bangalore in A.C. No.38/1998 on I.A. No.3 filed by the Petitioner under Section 10 r/w Section 151 of the Code of Civil Procedure, 1908 r/w Section 36 of the Arbitration Act, 1996; ii) Pass an order allowing I.A. No.3 filed by the Petitioner; iii) Issue any other direction(s) or pass any other order(s) as this Hon'be Court may deem fit in the facts and circumstances of the case, in the interests of justice and equity." 2. Despite the order dated 26.03.2025, none appears for the petitioner today also and process fee has also not been paid. It appears that petitioner is not interested in prosecuting the matter. Hence, the petition is dismissed for non-prosecution. SD/- (SURAJ GOVINDARAJ) JUDGE ABK List No.: 1 Sl No.: 11