- 1 - HC-KAR CNR: KAHC010586852026 NC: 2026:KHC:48491 WP No. 26746 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 26746 OF 2026 (GM-RES) BETWEEN: 1. MRS. ANTARA CHOUDHURY AGED ABOUT 40 YEARS W/O MR. SUBHANKAR BANERJEE CURRENTLY R/AT KING GEORGE AVENUE SARJAPUR - ATTIBELE RD SARJAPUR, BANGALORE - 562 125. ALSO, MATERNAL HOME AT - FLAT NO. 11, IND WIN ECSTASY APARTMENT 9TH MAIN, OPPOSITE OF ECI GLORIOUS CHURCH GARVEBHAVI PALYA, BANGALORE SOUTH BENGALURU, KARNATAKA - 560 068. 2. MR. SUBHANKAR BANERJEE AGED ABOUT 42 YEARS S/O RAJ NARAYAN BANERJEE, PERMANENT R/OF - A WING/ FLAT NO. 1103 RIVERA SOCIETY, MAHALUNGE/NANDE BALEWADI ROAD NEAR VIP PROPERTY, MAHALUNGE (N.V.) PUNE, MAHARASHTRA - 411 045. …PETITIONERS (BY SRI. SUDHINDRA BHAT, ADVOCATE) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010586852026 NC: 2026:KHC:48491 WP No. 26746 of 2026 AND: 1. THE ASSISTANT COMMISSIONER BENGALURU, SOUTH SUB-DIVISION O/AT - KANDAYA BHAVANA, K.G. ROAD BENGALURU - 560 009. LATE SRI ARABINDA CHOWDHARY DIED DURING PENDENCY OF THE SUIT 2. SMT. RAMA CHOUDHURY W/O LATE SRI ARABINDA CHOWDHURY AGED ABOUT 66 YEARS REPRESENTED BY GPA HOLDER MR. BIJOY SANKAR CHOUDHURY R/AT 4TH FLOOR, FLAT NO.406 INDWIN ECSTASY APARTMENT 9TH MAIN ROAD, GARVEBHAVIPALYA HONGASANDRA, BENGALURU - 560 068 …RESPONDENTS (BY SRI. SHAMANT NAIK, AGA FOR RESPONDENT/S/ STATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. ISSUE A WRIT OF CERTIORARI QUASHING THE JUDGMENT DATED 09.04.2026 PASSED BY THE RESPONDENT NO. 1 IN MSC/CR/86/2025) TITLED AS SRI ARABINDA CHOWDHURY VS SMT. ANTARA CHOUDHURY (ANNEXURE-A) ETC THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ - 3 - HC-KAR CNR: KAHC010586852026 NC: 2026:KHC:48491 WP No. 26746 of 2026 ORAL ORDER 1. Learned Additional Government Advocate accepts notice for respondent no.1. 2. Notice to respondent no.2 is dispensed with in view of the proposed order to be passed. 3. Petitioners are before this Court seeking for the following releifs: a. ISSUE a writ of certiorari quashing the Judgment dated 09.04.2026 passed by the Respondent no.1 in MSC/CR/86/2025 titled as Sri Arabinda Chowdhury vs. Smt. Antara Choudury (Annexure- A) b. PASS such other or further releif or releifs as this Hon'ble Court may deem fit in the circumstances of the case, in the interest of justice and equity. 4. The submission of learned counsel for the petitioners is that the proceedings before the Assistant Commissioner was completely misconceived and was filed by a power of attorney holder, and the petitioners was not provided adequate opportunity to contest the matter. 5. A perusal of the order sheet indicates that the petitioners, having been served with a notice, had entered appearance through counsel on 11.12.2025. The matter was thereafter adjourned on three other - 4 - HC-KAR CNR: KAHC010586852026 NC: 2026:KHC:48491 WP No. 26746 of 2026 occasions, and then the order was passed. The petitioners had an adequate opportunity to file a statement of objection and address arguments. The petitioners not having chosen to do so, the above petition is not maintainable, the petition stands dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE GJM List No.: 1 Sl No.: 34