- 1 - HC-KAR NC: 2025:KHC:40968 WP No. 48053 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 48053 OF 2019 (GM-CPC) BETWEEN: SRI. THIMMAIAH S/O VENKATARAMANAPPA AGED ABOUT 52 YEARS R/AT KANASAVADI COLONY MADARE HOBLI, DODDABALLAPUR BENGALURU RURAL DISTRICT. …PETITIONER (BY SRI RODDA VEERA SHETTY, ADV.) AND: 1. CHANNAMMA W/O MUNIYAPPA MAJOR IN AGE. 2. NANJUNDAPPA S/O JAVAREGOWDA MAJOR IN AGE. 3. KRISHNAMMA W/O NARAYANASWAMY MAJOR IN AGE. 4. RAMAKRISHNA FATHER'S NAME NOT KNOWN TO THE PETITIONERS MAJOR IN AGE. 5. LAKSHMANA ROA S/O GIRI ROA MAJOR IN AGE. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40968 WP No. 48053 of 2019 6. R. CHANDRASEKHAR S/O RUDRAPPA MAJOR IN AGE. 7. SIDDAIAH S/O CHENNAMALLAIAH MAJOR IN AGE. 8. NAGAPPA S/O NOT KNOWN MAJOR IN AGE. 9. THAYAMMA W/O KUPPASWAMPY MAJOR IN AGE. 10. A.K. MANI S/O IYYAPPAN MAJOR IN AGE. 11. RAMA RAO S/O GIRI RAO MAJOR IN AGE. 12. GOWRAMMA W/O GANGAREVANNA MAJOR IN AGE. 13. VELLIYAMMA W/O RADHAKRISHNA MAJOR IN AGE. 14. JAGADAMBA W/O LINGADEVARAPPA MAJOR IN AGE. ALL ARE RESIDING AT MANJUNATHNAGAR RAJAINAGAR BENGALURU - 560 010. 15. THANGARAJU S/O PERIYASWAMY MAJOR IN AGE R/AT NEAR NAVARANG THEATRE - 3 - HC-KAR NC: 2025:KHC:40968 WP No. 48053 of 2019 RAJAJINAGAR BENGLAURU - 560 010. 16. H.P. RUDRAPPA S/O NOT KNOWN MAJOR N AGE RAJAJINAGAR TEMPLE PRAKASHNAGAR RAJAJINAGAR BENGLAURU - 560 010. 17. GOVINDA SHETTY S/O NOT KNOWN PERSON MAJOR IN AGE R/AT RAJAJINAGAR ENTRANCE RAJAJINAGAR, BENGLAURU - 560 010. 18. CHENNAVEERADEVARU S/O SHIVAPPA MAJOR IN AGE R/AT III BLOCK JAYANAGAR BENGLAURU - 560 010. 19. H.S. SHARADAMMA W/O MANTHAPPA MAJOR IN AGE C/O BASAVARAJAPPA OPPOSITE TO RAJA RAJESWARINAGAR, BENGLAURU-560 010. 20. NARAYANASWAMY S/O MUNISWAMY MAJOR IN AGE, R/AT MUNIREDDYPALYA, RT NAGAR POST, BENGLAURU-560 032. 21. BASAVARAJAPPA S/O PUTTABASSAPPA, MAJOR IN AGE, R/AT OPPOSITE TO RAJA RAJESWARI KALYANA MANTAP RAJAJINAGAR, BENGLAURU-560 010. - 4 - HC-KAR NC: 2025:KHC:40968 WP No. 48053 of 2019 22. SARVAMANGALAMMA W/O BASAVARAJAPPA MAJOR IN AGE, R/O OPPOSITE TO RAJA RAJESWARI, KALYANA MANTAPA, RAJAJINAGAR, BENGLAURU-560 010. 23. NAGARATHNAMMA W/O NAGENDRA, MAJOR IN AGE, R/AT MAHALAKSHMI LAYOUT, RAJAJINAGAR, BENGLAURU-560 010. 24. HODAVATTI S/O NOT KNOWN MAJOR IN AGE, R/AT BEERANGI PALYA, RAJAJINAGAR, BENGLAURU-560 010. 25. VENKATESH S/O BYRAPPA MAJOR IN AGE, R/AT SIDDARAMA DINNE, RAJAJINAGAR, BENGALURU-560 010. …RESPONDENTS THIS WP IS FILED UNDER 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS BY QUASHING THE ORDER DATED 11.04.2019 PASSED IN MISC.NO.331/2009 PASSED IN MISCELLANEOUS NO.331/2009 PASSED BY THE 31ST ADDITIONAL CITY CIVIL JUDGE (CCH-14) AT BENGALURU WHICH IS PRODUCED AND MARKED AGREEMENT FOR SALE ANNDXURE-J BY ALLOWING THE MISCELLANEOUS PETITION AND PERMIT THE PETITIONER TO PROSECUTE THE SUIT BEARING OS NO.2019/1981 ON MERITS. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY - 5 - HC-KAR NC: 2025:KHC:40968 WP No. 48053 of 2019 ORAL ORDER 1. Petitioner is the before this Court in this writ petition filed under Article 227 of the Constitution of India with a prayer to quash the order dated 11.04.2019 passed in Miscellaneous No.331/2009 by the Court of XXXI Addl. City Civil Judge (CCH- 14), Benglauru, vide Annexure - J. 2. Heard the learned counsel for the parties. 3. OS No.2019/1981 was filed by one Smt.Kambamma and the said suit was dismissed for non-prosecution on 30.11.1984. Miscellaneous No.331/2009 was filed under Order IX Rule 9 of CPC by the petitioner herein claiming to be the grandson of original plaintiff in OS No.2019/1981 for setting aside the order dated 30.11.1984 passed in OS No.2019/1981, dismissing the said suit for non-prosecution. Miscellaneous No.331/2009 was dismissed for non-prosecution on 07.09.2015. Thereafter, order dated 11.04.2019 was passed in Miscellaneous No.331/2009 directing the Registry to send back the case files to the record room. The said order dated 11.04.2019 is questioned by the petitioner in this case. - 6 - HC-KAR NC: 2025:KHC:40968 WP No. 48053 of 2019 4. Suit in OS No.2019/1981, which was filed by Smt.Kambamma, who is said to be the grandmother of the petitioner herein was dismissed for non-prosecution on 30.11.1984. After a period of nearly 25 years from the date of dismissal of OS No.2019/1981, petitioner had filed Miscellaneous Petition to set-aside the order of dismissal of the suit for non-prosecution. The inordinate delay of 25 years caused in filing the petition is not at all satisfactorily explained in the memorandum of petition in Miscellaneous No.331/2009. Only explanation offered is that the Advocate appearing for the plaintiff in original suit had informed the parties that the suit was pending. The said explanation offered by the petitioner is difficult to be delivered when the inordinate delay is nearly for about 25 years. Miscellaneous Petition filed by the petitioner was also not diligently prosecuted and therefore, the Trial Court had dismissed the same for non-prosecution on 07.09.2015. 5. Till date, no application is filed to recall the said order nor there is any challenge made to the said order and on the other hand, this petition is filed challenging the order dated 11.04.2019 passed in Miscellaneous No.331/2009 wherein the - 7 - HC-KAR NC: 2025:KHC:40968 WP No. 48053 of 2019 Trial Court, taking into consideration that the Miscellaneous Petition was dismissed for non-prosecution on 07.09.2015, had directed the Registry to send back the files relating to the case to the record room. The order dated 11.04.2019 passed in Miscellaneous No.331/2009 passed by XXXI Addl. City Civil Judge (CCH-13), Bengaluru, does not suffer from any infirmity or illegality and prayer made in this petition therefore, cannot be granted. Accordingly, the petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 31