HC-KAR NC: 2026:KHC:8419 WP No. 28395 of 2019 -1- IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION NO. 28395 OF 2019 (GM-CPC) BETWEEN: 1. SMT GOWRAMMA AGED ABOUT 70 YEARS W/O LATE PARAMESHWARA 2. SRI RUKMANGADA @ BABU AGED ABOUT 52 YEARS S/O LATE PARAMESHWARA 3. SRI BHASKAR @ BALU AGED ABOUT 47 YEARS S/O LATE PARAMESHWARA SL.NO. 1 TO 3 ARE R/AT NO.28,29 SRI KALAMMA TEMPLE ROAD MANDI MOHALLA MYSURU-570 001 4. SMT VANITHA AGED ABOUT 50 YEARS W/O LATE S VASANTHKUMAR LALITHADRIPURA VILLAGE VARUNA HOBLI MYSURU TALUK-570 004 5. SMT GEETHA AGED ABOUT 47 YEARS D/O PARAMESHWARA W/O LATE R NATARAJU NO.1905/6, SEEBAIAH ROAD BEELIKATTIGE MEESALU HC-KAR NC: 2026:KHC:8419 WP No. 28395 of 2019 -2- DEVARAJA MOHALLA MYSURU-570 001 …PETITIONERS (BY SRI. M SHIVAPRAKASH., ADVOCATE(ABSENT)) AND: 1. SRI M L JAYARAM DEAD BY LR’S (VIDE ORDER DATED 19.08.2024, R2 TO R5 ARE TREATED AS LR’S OF DECEASED R1) 2. SRI J LOKESHA AGED ABOUT 51 YEARS S/O M L JAYARAM 3. SRI J RAMESHA AGED ABOUT 48 YEARS S/O M L JAYARAM SL.NO.1 TO 3 ARE R/AT NO.3080 SIR KALAMMA GUDI ROAD MANDI MOHALLA MYSURU-570 001 4. SMT J LATHA AGED ABOUT 47 YEARS D/O M L JAYARAM W/O SHIVAKUMAR 6TH CROSS, JOGIMATTI ROAD CHITRADURGA DISTRICT-577 501 5. SMT J TANUJA AGED ABOUT 44 YEARS D/O M L JAYARAM W/O SRI SURESH R/AT NO.2025 SHIYA MASJID ROAD HC-KAR NC: 2026:KHC:8419 WP No. 28395 of 2019 -3- LASHKAR MOHALLA MYSURU-570 001 6. SRI NIRANJAN AGED ABOUT 66 YEARS S/O LATE KRISHNAPPA 7. SRI N MANJUNATH AGED ABOUT 31 YEARS S/O NIRANJAN SL.NO.6 & 7 ARE R/AT NO.62 SRI DURGA DEVI TEMPLE ROAD NAJARBAD MOHALLA MYSURU-570 001 8. SMT N JYOTHI AGED ABOUT 36 YEARS D/O NIRANJAN W/O SRI T K ARAVIND NO.54, NEAR HARI VIDYALAYA SCHOOL, JNANAGANGA LAYOUT SUBRAMANYA NAGAR BHOGADI, MYSURU-570 026 9. SMT RAJAMMA AGED ABOUT 56 YEARS W/O LATE PRABHAKAR 10. SRI P ABHILASH AGED ABOUT 30 YEARS S/O LATE PRABHAKAR SL.NO.9 & 10 ARE R/AT NO.353, 1ST CROSS HUDCO-CC BLOCK BANNIMANTAP LAYOUT MYSURU-570 001 HC-KAR NC: 2026:KHC:8419 WP No. 28395 of 2019 -4- 11. SMT SHARAVATHI AGED ABOUT 63 YEARS S/O LATE KRISHNAPPA W/O LATE DEVENDRAPPA H. NO.62, SRI DURGADEVI TEMPLE ROAD NAZARBAD MOHALLA MYSURU-570 001 …RESPONDENTS (BY SRI. KARTHIK C, ADVOCATE FOR R2 & R3 VIDE ORDER DATED 10.06.2025, NOTCIE TO R7 IS HELD SUFFICIENT R6 TO R11 ARE SERVED) THIS WP IS FILED UNDER ARITCLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-CALL FOR THE ENTIRE RECORDS IN M.A.80/2018 ON THE FILE OF PRL. SENIOR CIVIL JUDGE & CJM AT MYSORE AND IN O.S.NO.366/2018 ON THE FILE OF THE II CIVIL JUDGE AND JMFC AT MYSORE; QUASH THE IMPUGNED ORDER PASSED IN M.A.80/2018 ON THE FILE OF PRL. SR. CIVIL JDUGE & CJM AT MYSORE DATED 07.03.2019 AT ANNEXURE-F AND ORDER PASSED IN O.S.NO.366/2018 ON THE FILE OF THE II CIVIL JUDGE AND JMFC AT MYSORE DATED 5.11.2018 AT ANNEXUE-D, CONSEQUENTLY ALLOW THE APPLICATION ON I.A.NO.1 UNDER ORDER XXXIX RULE 1 & 2 OF CPC FILED BY THE PETITIONERS/PLAINTIFFS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU HC-KAR NC: 2026:KHC:8419 WP No. 28395 of 2019 -5- ORAL ORDER 1. None appears for the petitioners. 2. Learned counsel for the respondents draws attention of the Court to the order dated 23.01.2026. This Court had after hearing the parties passed the following order: “1. Learned counsel for the petitioners submits that he has this morning taken steps for service. 2. The record reflects that the writ petition was filed in the year 2019. Thus, clearly, it has taken 7 years to serve the respondents. It just seems clear that the petitioners are not interested in prosecuting the matter. 3. The record reflects that the petition seeks to challenge an order of dismissal of application filed under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure, 1908 dated 05.11.2018 and which was appealed as well as an appellate order dated 07.03.2019, which confirmed the order of dismissal passed by the learned Trial Court. 4. The learned Appellate Court found that petitioners/ plaintiffs have not placed any material on record to show rights in the property. 5. Learned counsel for petitioners submits that the trial Court order is in Kannada. So, he requests for an adjournment. 6. Let translated copies be filed before the next date of hearing. 7. List the matter on 11.02.2026. 8. No further adjournment will be granted to petitioners. 9. Interim order granted earlier stands extended till the next date of hearing.” HC-KAR NC: 2026:KHC:8419 WP No. 28395 of 2019 -6- 3. The order dated 23.01.2026 has not been complied with by the petitioners. There is no appearance on the petitioners’ behalf either. 4. Accordingly, the petition is dismissed in default and for non-prosecution. All pending applications stand closed. (TARA VITASTA GANJU) JUDGE YN List No.: 1 Sl No.: 3 Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA