- 1 - HC-KAR NC: 2025:KHC:39053 CP No. 159 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA CIVIL PETITION NO.159 OF 2022 BETWEEN: 1. SMT. PREMA B.S., D/O SHIVALINGAPPA AGED ABOUT 44 YEARS R/AT DONNIHALLI VILLAGE CHANNAGIRI TALUK DAVANAGERE DISTRICT-577 213. …PETITIONER (BY SRI. SIDDAMALLAPPA P.M., ADVOCATE) AND: 1. SRI. VIJAYA N., S/O NAGAPPA AGED ABOUT 59 YEARS R/AT 154/3, ISRO QUARTERS NEAR ISRO HOSPITAL JEEVANBHIMANAGAR BENGALURU NORTH BENGALURU-560 075. …RESPONDENT THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, PRAYING TO ORDER TO SECURE RECORDS IN M.C.NO.1182/2020 OF VI ADDITIONAL PRINCIPAL JUDGE AND FAMILY COURT, BENGALURU, ORDER TO TRANSFER THE SAID CASE TO THE FILE OF SENIOR CIVIL JUDGE AND JMFC, CHANNAGIRI TO CONSIDER THE CASE ON MERIT BY ALLOWING THE ABOVE PETITION WITH EXEMPLARY COST, IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39053 CP No. 159 of 2022 THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER I.A.No.1/2025 was filed by the petitioner seeking permission to serve notice on the respondent by way of paper publication. 2. By order dated 11.07.2025 this Court allowed the application and permitted the petitioner to take out notice through paper publication fixing the date of hearing as “22.08.2025” and the publication to be made on or before “08.08.2025”. 3. On 22.08.2025, it was noticed that the petitioner has not complied with the said order and neither the petitioner’s counsel was present. Hence, the matter was directed to be listed under the caption “Dismissal” on 29.08.2025. On that day, learned counsel for the petitioner filed I.A.No.2/2025 seeking extension of time stating in the affidavit that due to financial constraints, the - 3 - HC-KAR NC: 2025:KHC:39053 CP No. 159 of 2022 petitioner could not issue publication within the stipulated time. 4. Considering the reasons assigned, I.A.No.2/2025 was allowed and the petitioner was granted further time to issue publication on or before 15.09.2025, showing the date of appearance as 26.09.2025. Today, i.e., on 26.09.2025, it is once again noticed that the petitioner has failed to issue publication as ordered. The petitioner now seeks further time. The conduct of the petitioner is highly deprecated, since despite two opportunities granted by this Court, the petitioner has failed to comply. It clearly indicates that the petitioner is not interested in prosecuting the matter. Accordingly, the petition is dismissed for non- prosecution. Sd/- ____________________ JUSTICE K.S. HEMALEKHA ST List No.: 1 Sl No.: 10