Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 90549 (KAR)

SMT. BYRAMMA v. SRI. MUNIYAPPA

WP/8213/2021 · 2025-10-15

S Vishwajith Shetty

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:41155 WP No. 8213 of 2021 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. 8213 OF 2021 (GM-CPC) BETWEEN: 1. SMT. BYRAMMA, W/O LATE VEERACHANNAIAH, AGED ABOUT 87 YEARS, (SENIOR CITIZEN NOT CLAIMED) 2. SRI CHANNAKESHAVA M V, S/O LATE MUNINANJAIAH, AGED ABOUT 52 YEARS, BOTH ARE R/AT MACHOHALLI VILLAGE, DASANAPURA HOBLI, BENGALURU NORTH TALUK - 560 091. …PETITIONERS (BY SMT.BYRAMMA AND ANOTHER., ADVOCATE) AND: 1. SRI. MUNIYAPPA, S/O LATE MUNINANJAIAH, R/AT MACHOHALLI VILLAGE, DASANAPURA HOBLI, BENGALURU NORTH TALUK - 560 091. 2. SMT. REVAMMA, W/O LATE HUCHAPPA, AGED ABOUT 72 YEARS, R/AT MACHOHALLI VILLAGE, DASANAPURA HOBLI, BENGALURU NORTH TALUK - 560 091. Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:41155 WP No. 8213 of 2021 3. SRI M H SHANKARANARAYANA, S/O LATE HUCHAPPA, AGED ABOUT 47 YEARS, R/AT MACHOHALLI VILLAGE, DASANAPURA HOBLI, BENGALURU NORTH TALUK - 560 091. 4. SMT. LAKSHMAMMA, W/O LATE SIDDAPPA, AGED ABOUT 56 YEARS, R/AT TALAGHATTAPURA, VILLAGE AND POST, BENGALURU - 560 062. 5. SMT. GORAMMA, W/O KEMPANNA, AGED ABOUT 52 YEARS, R/AT VENKATARAMANA SWAMY TEMPLE ROAD, BALAJI LAYOUT, BYADARAHALLI VILLAGE, MAGADI ROAD, BENGALURU - 560 091. 6. SMT. SHARADAMMA, W/O RAJANNA, AGED ABOUT 50 YEARS, R/AT VENKATARAMANA SWAMY TEMPLE ROAD, BALAJI LAYOUT, BYADARAHALLI VILLAGE, MAGADI ROAD, BENGALURU - 560 091. 7. SMT.CHANNAMMA, W/O KRISHNAPPA, AGED ABOUT 45 YEARS, KPTCL ROAD, ANAJANANAGAR, BENGALURU - 560 091. 8. SMT. VIJAYAMMA, W/O LATE MUNICHANNAIAH, AGED ABOUT 51 YEARS, R/AT MACHOHALLI VILLAGE, DASANAPURA HOBLI, BENGALURU NORTH TALUK - 560 091. - 3 - HC-KAR NC: 2025:KHC:41155 WP No. 8213 of 2021 9. SMT. SOUMYA, D/O MUNICHANNAIAH, C/O SHARADAMMA, AGED ABOUT 22 YEARS R/AT VENKATARAMANA SWAMY TEMPLE ROAD, BALAJI LAYOUT, BYADARAHALLI VILLAGE, MAGADI ROAD, BENGALURU - 560 091. …RESPONDENTS (BY SRI. MOHAN BHAT, ADVOCATE FOR R3; R4 SERVED - UNREPRESENTED; V/O DTD 04.10.2021 AND 17.11.2021, NOTICE TO R5 TO R9 IS WAIVED D/W) THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE LEARNED VI ADDITIONAL DISTRICT JUDGE, BANGALORE RURAL DISTRICT, BANGALORE IN M.A NO.9/2019 DATED 25.01.2021 PERTAINING TO REJECTING THE INTERLOCUTORY APPLICATION NO.11 FILED BY THE PETITIONERS IN O.S NO. 1259/2011 PRODUCED AT ANNEXURE- A 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 Learned Counsel Sri.Shivaprasad Shantanagoudar has filed a memo dated 07.09.2023 seeking permission of this Court to retire from the case. - 4 - HC-KAR NC: 2025:KHC:41155 WP No. 8213 of 2021 2. The memo for retirement is countersigned by petitioner No.2. It is stated in the memo that petitioners have received all the case papers from the office of the learned counsel on 05.09.2023. 3. Learned counsel for the petitioners Sri.Shivaprasad Shantanagoudar is therefore permitted to retire from the case. 4. Petitioners are called out in the open Court and there is no representation on behalf of the petitioners. 5. In the memo for retirement which is countersigned by petitioner No.2. It is stated that all the case papers relating to this petition have been received by the parties from their learned counsel on 05.09.2023 itself. No alternative arrangement has been made for the last more than two years to represent the petitioners before this Court. Therefore, it is apparent that the petitioners are not interested in prosecuting this petition. - 5 - HC-KAR NC: 2025:KHC:41155 WP No. 8213 of 2021 6. Therefore, this Court has no other option to dismiss the petition for non-prosecution. Accordingly, petition is dismissed for non-prosecution. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 6