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2025 DAILYLAW 73146 (KAR)

SMT. MAYAMMA v. SMT. RUKMINIYAMMA

WP/3905/2021 · 2025-12-05

Tara Vitasta Ganju

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:51273 WP No. 3905 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION NO. 3905 OF 2021 (GM-CPC) BETWEEN: 1. SMT. MAYAMMA W/O D.GIRIGOWDA, AGD ABOUT 50 YEARS, R/AT DOOR NO.42, KSCB QTRS, 5TH STAGE, LAKSHMIDEVI NAGAR, NANDINI LAYOUT, BANGALORE-560 096. 2. SMT. LAKSHMAMMA W/O LATE MAYANNA, AGED ABOUT 77 YEARS, 5 TH STAGE, LAKSHMIDEVI NAGAR, NANDINI LAYOUT, BANGALORE-560 096. …PETITIONERS (BY SRI. RAJESH SHETTIGARA., ADVOCATE (ABSENT)) AND: 1. SMT. RUKMINIYAMMA W/O LATE GANGADARAPPA, AGED BOUT 49 YEARS, R/AT 4TH MAIN, 4TH CROSS, H.H.ROAD, VINOBANAGAR, SHIVAMOGGA-577 201. 2. SRI. MALTHESH.G S/O LATE GANGADARAPPA, AGED ABOUT 33 YEARS, Digitally signed by S NOORUNNISABEGUM Location: HIGH COURT OF KARNATAKA, BENGALURU - 2 - HC-KAR NC: 2025:KHC:51273 WP No. 3905 of 2021 R/AT 4TH MAIN, 4TH CROSS, H.H.ROAD, VINOBANAGAR, SHIVAMOGGA-577 201. 3. SRI. LOHITH.G S/O LATE GANGADARAPPA, AGED ABOUT 29 YEARS, R/AT 4TH MAIN 4TH CROSS, H.H.ROAD, VINOBANAGAR, SHIVAMOGGA -577 201. …RESPONDENTS (BY SRI. G.LAKSHMEESH RAO., ADVOCATE FOR R1 & R3; V/O/DTD: 25.01.2024 WP AGAINST R2 IS ABATED) THIS WP FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 09.02.2021 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, SHIVAMOGGA (ANNEXURE-A) IN DISMISSING THE APPLICATION IN I.A.NO.9 FILED BY THE PETITIONER FOR AMENDMENT OF WRITTEN STATEMENT AND CONSEQUENTLY ALLOW THE APPLICATION FOR AMENDMENT OF WRITTEN STATEMENT DATED 20.01.2021 IN I.A.NO.9 AND PERMIT THE PETITIONERS TO CARRY OUT THE AMENDMENT IN THE WRITTEN STATEMENT AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL ORDER 1. None appears for the petitioner despite the matter being called out twice today. 2. On the last date of hearing as well as petitioner sought for adjournment. At his request the matter was listed today. - 3 - HC-KAR NC: 2025:KHC:51273 WP No. 3905 of 2021 3. Learned counsel for the respondent submits that the petitioner has obtained an interim order granting stay of the proceedings before the trial Court almost four years ago and is thereafter delaying the adjudication of the matter. 4. It seems that the petitioner is not interested in prosecuting this case. 5. The petition is accordingly dismissed in default and for non-prosecution. All pending applications stand closed. Sd/- (TARA VITASTA GANJU) JUDGE TIN List No.: 1 Sl No.: 20