- 1 - HC-KAR NC: 2026:KHC:31695 WP No. 26807 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 26807 OF 2025 (GM-CPC) BETWEEN: 1. N CHAITHANYA W/O LATE M NARAYANASWAMY AGED ABOUT 54 YEARS 2. SMT. H LAKSHMAMMA W/O LATE M NARAYANASWAMY AGED ABOUT 74 YEARS 3. N BADARINARAYANA S/O LATE M NARAYANASWAMY AGED ABOUT 46 YEARS ALL ARE R/AT HALLPIRA MAIN ROAD MUTTAGADAHALLI VILLAGE THONDEBAVI HOBLI GOWRIBIDANUR TALUK CHIKKABALLAPURA DISTRICT - 561 213 …PETITIONERS (BY SRI. NARASIMHAIAH K., ADVOCATE) AND: 1. BELIMUTTA SWAMIGALU SRI SRI PRA CHARMURTHY SHIVARUDA SWAMIGALU AGED ABOUT 51 YEARS RA/T NO.5, BELIMUTTA Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31695 WP No. 26807 of 2025 BELIMUTTA ROAD COTTONPET BENGALURU - 560 053 2. B N JAGANNATHA ADOPTED SON LATE ASHWATHNARAYANA AND LATE MALLAMMA AGED ABOUT 51 YEAWRS R/AT NO. 64/1, SITARAMAIAH ROAD GHAVIPURA EXTENSION BENGALURU - 560 019 …RESPONDENTS (BY SRI. RUKKOJI RAO H.S., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I. PASS JUDGMENT AND ORDER BY SET-ASIDE IN R.F.A.NO-552/2003 ON DATED 18/11/2011 AND ALLOW APPLICATION IN THE INTEREST OF JUSTICE AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The writ petition is of the year 2025. A Co-ordinate Bench of this Court, by order dated 15.10.2025, granted an interim order directing the Executing Court not to precipitate the matter. Thereafter, on several occasions, the matter was - 3 - HC-KAR NC: 2026:KHC:31695 WP No. 26807 of 2025 adjourned to enable the petitioners to comply with the office objections. 2. When the matter came up before this Court on 15.06.2026, there was no representation on behalf of the petitioners. Accordingly, the matter was directed to be listed under the caption for 'dismissal'. Even thereafter, there was no representation on behalf of the petitioners. Today also, when the matter came up before this Court, there was no representation on behalf of the petitioners. 3. Learned counsel appearing for the respondents submits that the suit has already been decreed, the petitioners filed the present writ petition, aggrieved by the order passed by the Executing Court. 4. It is submitted that the petitioners obtained an interim order from this Court, as a result of which, the execution proceedings have remained pending since the year 2025. It is further submitted that, having obtained the interim order, the petitioners have failed to appear before this Court to prosecute the matter. - 4 - HC-KAR NC: 2026:KHC:31695 WP No. 26807 of 2025 5. Considering that the matter was listed under the caption for 'dismissal' and that the petitioners have failed to appear before the Court on several occasions, it appears that they are not interested in pursuing the writ petition. 6. In that view of the matter, this Court is passing the following: ORDER i. Accordingly, the writ petition is dismissed for non-prosecution. ii. The Execution Petition is of the year 2018. The Executing Court shall dispose of the execution proceedings as expeditiously as possible, in accordance with law. SD/- (LALITHA KANNEGANTI) JUDGE SMC List No.: 1 Sl No.: 3