- 1 - HC-KAR NC: 2025:KHC:27489 W.P. No.36473/2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.36473/2019 (GM-CPC) BETWEEN: KANIKA GOSWAMI PRESIDENT PRESTIGE SHANTINIKETAN APARTMENT OWNERS WELFARE ASSOCIATION HAVING ITS OFFICE AT BASEMENT TOWER NO.8, PRESTIGE SHANTINIKETAN WHITEFIELD MAIN ROAD BANGALORE-560 048. …PETITIONER (BY SRI. JOSEPH ANTHONY, ADV.,[ABSENT]) AND: 1. PRESTIGE SHANTINIKETAN APARTMENT OWNERS WELFARE ASSOCIATION A RESIDENTS WELFARE ASSOCIATION REGISTERED UNDER THE KARNATAKA APARTMENT OWNERSHIP ACT 1972 HAVING ITS REGISTERED OFFICES AT TOWER #8, BASEMENT PRESTIGE SHANTINIKETAN WHITEFIELD ROAD BANGALORE-560048 REPRESENTED BY ITS SECRETARY (AS STATED IN THE PLAINT). 2. BANKE RASTOGI, MAJOR RESIDING AT 4013 PRESTIGE SHANTINIKETAN WHITEFIELD ROAD BANGALORE-560 048. Digitally signed by RUPA V Location: High Court of karnataka - 2 - HC-KAR NC: 2025:KHC:27489 W.P. No.36473/2019 3. A.L. SHARMA, MAJOR RESIDING AT 9078 PRESTIGE SHANTINIKETAN WHITEFIELD ROAD BANGALORE-560 048. 4. NAYEEM S. IBRAHIM, MAJOR RESIDING AT 5172 PRESTIGE SHANTINIKETAN WHITEFIELD ROAD BANGALORE-560 048. 5. MURALI GANESAN, MAJOR RESIDING AT 8174 PRESTIGE SHANTINIKETAN WHITEFIELD ROAD BANGALORE-560 048. …RESPONDENTS (BY SMT. DEEPA J, ADV., FOR R1 R2 TO R5 SERVED) THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR SUCH OTHER APPROPRIATE WRIT, ORDER, RULE OR DIRECTION, SETTING ASIDE THE IMPUGNED ORDER 17.08.2019, PASSED BY THE LD. III ADDITIONAL CIVIL JUDGE, BANGALORE RURAL IN O.S.NO.959/2019 (ANNEXURE-A) AND CONSEQUENTLY ALLOW THE APPLICATION BEARING I.A.NO.11 FILED BY THE APPLICANT (PETITIONER HEREIN) SEEKING TO APPOINT A NEW PLEADER TO REPRESENT THE PLAINTIFF ASSOCIATION IN O.S.959/2019 & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 3 - HC-KAR NC: 2025:KHC:27489 W.P. No.36473/2019 ORAL ORDER This petition is filed seeking following relief: "Issue a writ of certiorari or such other appropriate writ, order, rule or direction, setting aside the impugned order 17.08.2019, passed by the Ld. III Additional Civil Judge, Bangalore Rural in O.S.No.959/2019 (Annexure-A), and consequently, allow the application bearing I.A.No.11 filed by the Applicant (petitioner herein) seeking to appoint a new pleader to represent the Plaintiff Association in O.S.No.959/2019." 2. Smt.Deepa J., learned counsel appearing for respondent No.1/plaintiff submits that the petitioner herein claiming to be the president of the association filed an application under Order III Rule 4 of the Code of Civil Procedure, 1908 (for short 'CPC') seeking permission to appoint a new pleader which came to be rejected by the trial Court. It is submitted that the term of office of the petitioner as a president has come to an end and later six elections have been held. It is further submitted that as per the bylaw of the association, the Secretary is representing the association and in view of the subsequent events, the present petition would not survive for adjudication. It is also submitted that the suit filed by the - 4 - HC-KAR NC: 2025:KHC:27489 W.P. No.36473/2019 association represented by the Secretary is transferred and re-numbered as OS.No.1310/2025 pending on the file of the Civil Judge (Jr. Division) and JMFC, K.R. Puram, Bengaluru Rural District, Bengaluru. 3. The said submission is placed on record. 4. In view of the aforesaid submission, the writ petition is dismissed as having become infructuous. Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 1 Sl No.: 33