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2025 DAILYLAW 92129 (KAR)

RAJAIAH v. M B DEVARAJ

WP/15759/2024 · 2025-12-04

S Vishwajith Shetty

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:50901 WP No. 15759 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 15759 OF 2024 (GM-CPC) BETWEEN: 1. RAJAIAH S/O BOMMAYYA AGED ABOUT 63 YEARS. 2. HONNAMMA W/O RAJAYYA. BOHT ARE SAME ADDRESS SANTHEMARURU VILLAGE DODDAMAGGE HOBLI ARAKALAGUDU TALUK HASSAN DISTRICT - 573 102. …PETITIONERS (BY SRI YATHEESH S.D, ADV., -ABSENT) AND: M.B. DEVARAJ S/O BOMMAYYA AGED ABOUT 47 YEARS SANTHEMARURU VILLAGE DODDAMAGGE HOBLI ARAKALAGUDU TALUKU HASSAN DISTRICT - 573 102. …RESPONDENT THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SETTING ASIDE THE ORDER DATED 19/02/2024 PASSED BY THE CIVIL JUDGE AND JMFC, ARAKAGUDU OS NO. 330/2021 ON IA FILED BY THE PETITIONER UNDER SECTION 33 OF KARNATAKA STAMP ACT, (ANNEXURE-A AND B). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50901 WP No. 15759 of 2024 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Matter called twice. There is no representation on behalf of the petitioners. On 27.11.2025, this Court has passed the following order:- "Matter is listed for the 7th time before this Court for non-compliance of office objections. There is no representation on behalf of the petitioner. Though this Court is not inclined to grant further time to comply office objections, by way of indulgence, finally a week's time is granted to comply office objections. It is made clear that by the next date of hearing, if the office objections are not complied, the petition shall be dismissed for non-compliance of office objections. List this petition on 04.12.2025." 2. In spite of the aforesaid order, office objections are not complied with and there is no representation on behalf of the petitioners. In view of the aforesaid peremptory order passed by this Court, this Court has no other option but to dismiss the - 3 - HC-KAR NC: 2025:KHC:50901 WP No. 15759 of 2024 petition for non-prosecution. Accordingly, the petition is dismissed for non-prosecution. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 17