- 1 - HC-KAR CNR: KAHC010683882025 NC: 2026:KHC:48083 WP No. 32217 of 2025 C/W WP No. 32277 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 32217 OF 2025 (LB-RES) C/W WRIT PETITION NO. 32277 OF 2025 (LB-RES) IN WP No. 32217/2025 BETWEEN: MR. NIKILAKSHA C. KOTIAN AGED 56 YEARS, S/O CHOMA POOJARY, R/AT 3E-21-1798/5(1) OPP. KADRI SERVICE STATION, SHIVABAGH, KADRI MARKET, MANGALURU - 575 002 …PETITIONER (BY SRI. ASHWIN JOYSTON KUTINHA, ADVOCATE) AND: 1. THE COMMISSIONER MANGALURU CITY CORPORATION, LALBAGH, MANGALURU, DAKSHINA KANNADA - 575 003 2. MS. ELVIRA D’MELLO AGED 37 YEARS D/O LATE BASIL D’MELLO Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010683882025 NC: 2026:KHC:48083 WP No. 32217 of 2025 C/W WP No. 32277 of 2025 R/AT D NO. 3-E-21-1798/13 1ST FLOOR, ANAND APARTMENT, KADRI MANGALURU – 575002 3. THE PRESIDENT / SECRETARY / TREASURER MRS. SHALINI D’SILVA, AGED 46 YEARS, W/O PRAKASH D’SILVA, HARI KEERTHI APARTMENT, SHIVBAGH, KADRI, MANGALURU - 575 002 …RESPONDENTS (BY SRI. K N. NITHISH ,ADVOCATE FOR R1; SRI. ARJUN REGO, ADVOCATE FOR R2 & R3) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 23-08-2025 PASSED BY THE HON'BLE I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, D.K., MANGALURU IN MISCELLANEOUS APPEAL NO. 10/2024 VIDE ANNEXURE-A CONFIRMING THE ORDER DATED 06-02-2024 PASSED BY THE RESPONDENT NO.01 IN E4/BA149/95-96 DIRECTING THE PETITIONER TO REMOVE THE UNAUTHORISED T.S. NO. 1585 (ಅಂಶ) 751/B, 751/3 STRUCTURES IN VIOLATION WITH COMMENCEMENT CERTIFICATE DATED 25-11-1995 AND SANCTIONED BUILDING APPROVAL PLAN ISSUED BY THE RESPONDENT NO.01 WITHIN 15 DAYS FROM THE DATE OF ORDER VIDE ANNEXURE-B. - 3 - HC-KAR CNR: KAHC010683882025 NC: 2026:KHC:48083 WP No. 32217 of 2025 C/W WP No. 32277 of 2025 IN WP NO. 32277/2025 BETWEEN: MRS. POOJARY BHARATHI CHENNAYYA @ H. BHARATHI AGED 59 YEARS, W/O PATLA CHENNAYYA POOJARY, R/AT 3E 21 1798/5(2), OPP. KADRI SERVICE STATION, SHIVABAGH KADRI MARKET, MANGALURU 575002. ...PETITIONER (BY SRI. ASHWIN JOYSTON KUTINHA.,ADVOCATE) AND: 1. THE COMMISSIONER MANGALURU CITY CORPORATION, LALBAGH, MANAGALURU DAKSHINA KANNADA 575003. 2. MRS. ELVIRA D’MELLO AGED 37 YEARS, D/O LATE BASIL D MELLO R/AT D NO.3 E 21 1798/13, 1ST FLOOR, ANANMD APARTMENT, KADRI MANAGALURU 575002. 3. THE PRESIDENT/SECRETARY/ TREASURER MRS. SHALINI D SILVA AGED 46 YEARS, W/O PRAKASH D SILVA HARI KEERTHI APARTMENT, SHIVGAGH KADRI, - 4 - HC-KAR CNR: KAHC010683882025 NC: 2026:KHC:48083 WP No. 32217 of 2025 C/W WP No. 32277 of 2025 MANGALURU 575002, ...RESPONDENTS (BY SRI. K N NITHISH, ADVOCATE FOR R1; SRI. ARJUN REGO, ADVOCATE FOR R2 & R3) THIS WP IS FILED UNDER ARTICLE 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 23-08-2025 PASSED BY THE HONBLE I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, D.K., MANGALURU IN MISCELLANEOUS APPEAL NO. 08/2024 VIDE ANNEXURE-A CONFIRMING THE ORDER DATED 06-02-2024 PASSED BY THE RESPONDENT NO.01 IN E4/BA149/95-96 DIRECTING THE PETITIONER TO REMOVE THE UNAUTHORISED T.S. NO. 1585 (ಅಂಶ), 751/B, 751/3 STRUCTURES IN VIOLATION WITH COMMENCEMENT CERTIFICATE DATED 25-11-1995 AND SANCTIONED BUILDING APPROVAL PLAN ISSUED BY THE RESPONDENT NO.01 WITHIN 15 DAYS FROM THE DATE OF ORDER VIDE ANNEXURE-B THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR CNR: KAHC010683882025 NC: 2026:KHC:48083 WP No. 32217 of 2025 C/W WP No. 32277 of 2025 CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER None appears for the petitioners, and Mr. K. N. Nithish, the learned counsel who is on record for the Local Authority, submits that the petitioners have not furnished copies of the complete plan or the details of the violation. Hence, the petition stands dismissed for default. Sd/- (B M SHYAM PRASAD) JUDGE RB