HC-KAR NC: 2026:KHC:9226 WP No. 871 of 2020 - 1 - IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION NO.871 OF 2020 (GM-CPC) BETWEEN: SMT. MUNIYAMMA W/O. LATE NARASIMHAIAH AGED ABOUT 69 YEARS R/AT NO.G-01 TO 05, GROUND FLOOR VISHALI RESIDENCE PROPERTY NO.3363 A-4 AND 1 TO 4 SURVEY NO.133/C, THIPPASANDRA 13TH MAIN, 3RD CROSS HAL 2ND STAGE, BBMP WARD NO.74 BENGALURU-560 008 …PETITIONER AND: 1. SRI M. RAJAN S/O. LATE H. B. MARIAN AGED ABOUT 65 YEARS R/AT NO.55/1, FLAT NO.004 TRINITY COURT, INDIRANAGAR DOUBLE ROAD BENGALURU-560 038 2. M/S. SWASTHIK DEVELOPERS HAVING OFFICE NO.3532/A 13TH H MAIN, IST CROSS HAL 2ND STAGE BENGALURU-560 008 REP. BY ITS PROPRIETORS MRS. TARA JAIKUMAR AND CHILDREN HC-KAR NC: 2026:KHC:9226 WP No. 871 of 2020 - 2 - 3. MRS. TARA JAIKUMAR W/O. LATE JAIKUMAR AGED ABOUT 49 YEARS R/AT FLAT NO.304, KHATA NO.3362/A-4-18 THIRD FLOOR, VISHALI RESIDENCE SY.NO.133/C, THIPPASANDRA 13TH MAIN, 3RD CROSS, HAL 2ND STAGE BBMP WARD NO.74 BENGALURU-560 008 4. MR. ARUN PATTABHIRAMAN AGED MAJOR R/AT NO.101, VISHALI RESIDENCE PROPERTY NO.3363 A-4-6 SY.NO.133/C, THIPPASANDRA 13TH MAIN, 3RD CROSS HAL 2ND STAGE, BBMP WARD NO.74 BENGALURU-560 008 5. SRI B. RAMASWAMY AGED MAJOR R/AT NO.G-05 GROUND FLOOR VISHALI RESIDENCE PROPERTY NO.3363 A-4 SY.NO.133/C, THIPPASANDRA 13TH MAIN, 3RD CROSS HAL 2ND STAGE, BBMP WARD NO.74 BENGALURU-560 008 6. SRI PRASHANTH RAMANI AGED MAJOR R/AT FLAT NO.102, FIRST FLOOR VISHALI RESIDENCE PROPERTY NO.3363 A-4-7 SY.NO.133/C, THIPPASANDRA 13TH MAIN, 3RD CROSS HAL 2ND STAGE, BBMP WARD NO.74 BENGALURU-560 008 HC-KAR NC: 2026:KHC:9226 WP No. 871 of 2020 - 3 - 7. SRI A. V. VENKATANATH AGED MAJOR R/AT FLAT NO.103, FIRST FLOOR VISHALI RESIDENCE PROPERTY NO.3363 A-4-8 SY.NO.133/C, THIPPASANDRA 13TH MAIN, 3RD CROSS HAL 2ND STAGE, BBMP WARD NO.74 BENGALURU-560 008 8. SRI RANJIT J. YEWALE AGED MAJOR R/AT FLAT NO.104, FIRST FLOOR VISHALI RESIDENCE PROPERTY NO.3363 A-4-9 SY.NO.133/C, THIPPASANDRA 13TH MAIN, 3RD CROSS HAL 2ND STAGE, BBMP WARD NO.74 BENGALURU-560 008 9. SRI SHIVAKUMAR AGED MAJOR R/AT FLAT NO.105, FIRST FLOOR VISHALI RESIDENCE PROPERTY NO.3363 A-4-10 SY.NO.133/C, THIPPASANDRA 13TH MAIN, 3RD CROSS HAL 2ND STAGE, BBMP WARD NO.74 BENGALURU-560 008 10. SRI P. A. NARAYAN AGED ABOUT 54 YEARS 11. SMT. JAYA NARAYAN W/O. NARAYAN AGED ABOUT 49 YEARS 12. MISS JAYANTHI D/O. NARAYAN AGED ABOUT 35 YEARS HC-KAR NC: 2026:KHC:9226 WP No. 871 of 2020 - 4 - RESPONDENT NOS.10, 11 AND 12 ARE ALL R/AT FLAT NO.201, SECOND FLOOR VISHALI RESIDENCE PROPERTY NO.3363 A-4-11 SY.NO.133/C, THIPPASANDRA 13TH MAIN, 3RD CROSS HAL 2ND STAGE, BBMP WARD NO.74 BENGALURU-560 008 13. SRI N. PRAKASH AGED ABOUT 40 YEARS 14. SMT. KALPANA PRAKASH W/O. PRAKASH AGED ABOUT 44 YEARS RESPONDENT NOS.13 AND 14 ARE R/AT FLAT NO.202, SECOND FLOOR VISHALI RESIDENCE PROPERTY NO.3363 A-4-12 SY.NO.133/C, THIPPASANDRA 13TH MAIN, 3RD CROSS HAL 2ND STAGE, BBMP WARD NO.74 BENGALURU-560 008 15. SRI BIDDANNA BOPAYA MADAYA S/O. BOPAYA MADAYA AGED ABOUT 59 YEARS 16. SRI BIDDANDA MADAYA POONACHA S/O. MADAYA POONACHA AGED ABOUT 49 YEARS 17. SMT. ARCHANA GANAPATI AGED ABOUT 44 YEARS RESPONDENT NOS.15, 16 AND 17 ARE R/At Flat No.203, SECOND FLOOR VISHALI RESIDENCE PROPERTY NO.3363 A-4-12 SY.NO.133/C, THIPPASANDRA HC-KAR NC: 2026:KHC:9226 WP No. 871 of 2020 - 5 - 13TH MAIN, 3RD CROSS HAL 2ND STAGE, BBMP WARD NO.74 BENGALURU-560 008 18. MR. K. A. MATHEW S/O. MATHEW AGED ABOUT 49 YEARS 19. MS. CECILY MATHEW W/O. K. MATHEW AGED ABOUT 44 YEARS RESPONDENTS 18 AND 19 ARE R/AT FLAT NO.204 AND 205, SECOND FLOOR VISHALI RESIDENCE, PROPERTY NO.3363 A-4-12 SY.NO.133/C, THIPPASANDRA 13TH MAIN, 3RD CROSS HAL 2ND STAGE, BBMP WARD NO.74 BENGALURU-560 008 20. MR. C. K. CHANDRASHEKARAN AGED ABOUT 49 YEARS 21. MS. R. LAKSHMI W/O. C. K. CAHNDRASHEKARAN AGED ABOUT 44 YEARS RESPONDENT NOS.20 AND 21 ARE R/AT FLAT NO.301, THIRD FLOOR VISHALI RESIDENCE, PROPERTY NO.3363 A-4-15 SY.NO.133/C, THIPPASANDRA 13TH MAIN, 3RD CROSS HAL 2ND STAGE, BBMP WARD NO.74 BENGALURU-560 008 22. MR. P. RAMANATHAN AGED MAJOR R/A FLAT NO.302, THIRD FLOOR VISHALI RESIDENCE PROPERTY NO.3363 A-4-16 SURVEY NO.133/C, THIPPASANDRA 13TH MAIN, 3RD CROSS HC-KAR NC: 2026:KHC:9226 WP No. 871 of 2020 - 6 - HAL 2ND STAGE, BBMP WARD NO.74 BENGALURU-560 008 23. MR. K. PRABAKARAN AGED ABOUT 49 YEARS 24. MS. CHRISTINA SHANTHI W/O. K. PRABAKARAN AGED ABOUT 42 YEARS RESPONDENTS 23 AND 24 R/AT FLAT NO.303, THIRD FLOOR VISHALI RESIDENCE PROPERTY NO.3363 A-4-17 SY.NO.133/C, THIPPASANDRA 13TH MAIN, 3RD CROSS HAL 2ND STAGE, BBMP WARD NO.74 BENGALURU-560 008 25. SMT. TARA JAIKUMAR W/O. LATE JAIKUMAR AGED MAJOR R/AT FLAT NO.304, THIRD FLOOR VISHALI RESIDENCE PROPERTY NO.3363 A-4-18 SURVEY NO.133/C, THIPPASANDRA 13TH MAIN, 3RD CROSS HAL 2ND STAGE, BBMP WARD NO.74 BENGALURU-560 008 26. MR. T. G. RAMAKRISHNAN AGED ABOUT 49 YEARS 27. MS. VIJAYALAKSHMI RAMAKRISHNAN W/O. T. G. RAMAKRISHNAN AGED ABOUT 44 YEARS RESPONDENT NOS.26 AND 27 R/AT FLAT NO.305, THIRD FLOOR VISHALI RESIDENCE PROPERTY NO.3363 A-4-19 HC-KAR NC: 2026:KHC:9226 WP No. 871 of 2020 - 7 - SURVEY NO.133/C, THIPPASANDRA 13TH MAIN, 3RD CROSS HAL 2ND STAGE, BBMP WARD NO.74 BENGALURU-560 008 …RESPONDENTS (BY SRI DINESH GAONKAR, ADVOCATE FOR R-1; V/O DATED 8/4/2021, NOTICE TO R-5, R-7 TO R-9 ARE HELD SUFFICIENT; R-3, R-4, R-6, R-10 TO R-27 ARE SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 9.12.2012 VIDE I.A.NO.32 AND THE ORDER 12.12.2019 REJECTING VIDE I.A.NOS.33 TO 35, PASSED BY THE 56TH ADDL., CITY CIVIL AND SESSIONS JUDGE C.C.H.-57 BENGALURU URBAN DISTRICT AT BENGALURU IN O.S.NO.5650/2015 VIDE ANNEXURES-F1 AND F2 RESPECTIVELY. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL ORDER 1. On 06.01.2026, this Court had passed the following directions: “Learned counsel for the petitioner requests for an adjournment to file an application to take steps for substituted service on Respondent No.2. Let the needful be done within a week. At his request, list on 03.02.2026”. 2. Despite these directions, on 03.02.2026, the petitioner submitted he does not have any fresh address and that he may be permitted to serve respondent No.2 through his HC-KAR NC: 2026:KHC:9226 WP No. 871 of 2020 - 8 - counsel appearing before the learned Trial Court and on that day permission for hand summons were also given. 3. In addition, the learned counsel for the petitioner had set out that he would take instructions as to whether it is possible for the petitioner/defendant No.1 to depose through a commission appointed to visit her residence. The order dated 03.02.2026 is extracted below: “1. The report of the Registry is that respondent No.2 remains unserved on the ground that the respondent No.2 no longer resides in that address. 2. Learned counsel for the petitioner submits he does not have any fresh address but he may be permitted to serve respondent No.2 through his counsel appearing before the learned Trial Court. 3. Let the service by Hand Summons be effected on respondent No.2 before the next date of hearing. 4. After some arguments, learned counsel for the petitioner submits that he will take instructions as to whether it is possible for the petitioner/defendant No.1 to depose herself through a commission being appointed to visit her at the residence, in accordance with law. 5. At his request, list on 16.02.2026. 6. Interim order granted earlier is extended till the next date of hearing”. 4. Today the counsel for petitioner again requests for adjournment to serve Respondent No.2 HC-KAR NC: 2026:KHC:9226 WP No. 871 of 2020 - 9 - 5. The record also reflects that the challenge in the present petition is to an order dated 09.12.2019 and 12.12.2019 passed by 56th Addl. City Civil and Sessions Judge, Bangalore Urban District, Bangalore in O.S.No.5650/2015 (hereinafter referred as ‘Impugned Order’). By the Impugned Order, an application filed by the petitioner seeking for production of GPA holder for leading evidence has been dismissed. 6. The proceedings before the learned Trial Court was stayed by an order dated 17.01.2020. Thus the proceedings before the learned Trial Court has remained stayed for more than six years including on account of the inability of the petitioner to complete service. Learned counsel for the petitioner submits that he does not have any instructions on the same. It is clear that the petitioner is not interested in prosecuting the case despite repeated directions of this court have not been complied with and even today an adjournment has been sought. HC-KAR NC: 2026:KHC:9226 WP No. 871 of 2020 - 10 - 7. The petition is accordingly dismissed for non- prosecution. All pending applications stand disposed of. 8. This however does not preclude the petitioner from filing an appropriate application before the learned Trial Court for examination of the petitioner to depose by appointment of a commission for the same, albeit in accordance with the law. The rights and contentions of both parties are kept open to be agitated before the learned Trial Court, if such an application is filed. Sd/- (TARA VITASTA GANJU) JUDGE SNB List No.: 1 Sl No.: 5 Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA