- 1 - HC-KAR NC: 2025:KHC:40125 WP No. 51754 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 51754 OF 2019 (GM-CPC) BETWEEN: 1. S.E. RAGHAVENDRA S/O BADAKARAPPA AGED ABOUT 46 YEARS. 2. JAYAMMA W/O BADAKARAPPA, AGED ABOUT 66 YEARS. BOTH ARE R/O NO.276 SINGASANDRA VILLAGE, BENGALURU-68. …PETITIONERS (BY SRI S.B. HALLI, ADV.,) AND: 1. SMT. KALYANAMMA W/O VENKATAPPA AGED ABOUT 85 YEARS 2. SMT. ALUMELAMMA D/O VENKATAPPA, AGED ABOUT 65 YEARS. 3. SMT. SUSHEELAMMA D/O VENKATAPPA, AGED ABOUT 63 YEARS. 4. SMT. MEENA D/O VENKATAPPA AGED ABOUT 51 YEARS. 5. JAGADEESH S/O VENKATAPPA AGED ABOUT 51 YEARS R-1 TO R-5 ARE R/O Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40125 WP No. 51754 of 2019 PARAPPANA AGRAHARA BEGUR HOBLI BENGALURU SOUTH TALUKA BENGALURU - 560 100. 6. SRI V. RAJAPPA SINCE DEAD BY HIS LRS BHAGYAMMA W/O LATE RAJAPPA AGED ABOUT 51 YEARS. 7. BHAVANI D/O LATE RAJAPPA AGED ABOUT 31 YEARS. 8. KUSUMA D/O LATE RAJAPPA, AGED ABOUT 30 YEARS. 9. KUM. NAVEENA D/O LATE RAJAPPA, AGED ABOUT 51 YEARS. R-6 TO 9 IS R/O PARAPPANA AGRAHARA BEGUR HOBLI, BENGALURU SOUTH TALUKA BENGALURU - 560 100. 10. SMT. YASHODAMMA D/O VENAKATAPPA AGED ABOUT 51 YEARS. 11. ASHWATHNARAYANA S/O VENKATAPPA AGED ABOUT 48 YEARS. R-10 & 11 ARE R/O PARAPPANA AGRAHARA BEGUR HOBLI, BENGALURU SOUTH TALUKA BENGALURU - 560 100. …RESPONDENTS (BY SRI K. BHANUPRASAD, ADV., FOR R-1, R-3 TO R-5, R-10 & R-11; V/O/D. 09.06.2025, PETITION AGAINST - 3 - HC-KAR NC: 2025:KHC:40125 WP No. 51754 of 2019 R-2 & R-8 IS DISMISSED; R-6, R-7 & R-9 SERVED - UNREPRESENTED) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE LEARNED III ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH- 25( IN O.S.NO.6002/2008 ON IA FILED UNDER ORDER XVII RULES 1 OF CPC, DATED 29.11.2019, PRODUCED AS ANNEXURE-G TO THE WRIT PETITION AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Learned counsel for the petitioners submits that petitioners have not been responding inspite of repeated communications being addressed to them. He submits that petitioners have failed to give necessary instructions in the matter and therefore, he may be permitted to retire from the case and has filed a memo to the said effect. 2. Since learned counsel for the petitioners has submitted that petitioners have failed to give necessary instructions to him, it appears that petitioners are not interested in prosecuting the petition. 3. The memo filed by learned counsel for the petitioners is taken on record. He is permitted to retire from the case. - 4 - HC-KAR NC: 2025:KHC:40125 WP No. 51754 of 2019 4. Petitioners are called out in the open Court. There is no representation on behalf of the petitioners. Under the circumstances, the Court has no other option but to dismiss the petition for non-prosecution. Accordingly, petition is dismissed for non-prosecution. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 5