- 1 - HC-KAR CNR: KAHC010225822019 NC: 2026:KHC:51382 WP No. 19045 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 19045 OF 2019 (GM-CPC) BETWEEN: 1. SRI LAKSHMAN GOWDA S/O LATE RANGAPPA, AGED ABOUT 69 YEARS, BENEFIT OF SR. CITIZEN NOT CLAIMED 2. SRI B R GOPAL SINCE DECEASED SMT B R RATHNAMMA, D/O LATE RANGAPPA, AGED ABOUT 56 YEARS, R/O BEGURU VILLAGE, KUNIGAL TALUK - 572 130 3. SRI B R RANGE GOWDA S/O LATE RANGAPPA, AGED ABOUT 54 YEARS, R/O BEGURU VILLAGE, KUNIGAL TALUK - 572 130 …PETITIONERS (BY SRI. SHANKARANARAYANA BHAT, ADVOCATE) Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 2 - HC-KAR CNR: KAHC010225822019 NC: 2026:KHC:51382 WP No. 19045 of 2019 AND: 1. CHELUVEGOWDA DEAD BY LRS SRI RAMANNA S/O LATE CHELUVEGOWDA, AGED ABOUT 66 YEARS, R/AT NEAR SERICULTURE OFFICE, SIDDANAYAKANAPALYA, HEBBUR POST, HEBBUR HOBLI, TUMAKURU TALUK - 572 101 2. SRI SINGRI GOWDA S/O LATE CHELUVEGOWDA, AGED ABOUT 61 YEARS, R/AT CHANNAPURA, BEGUR POST, KASABA HOBLI, KUNIGAL TALUK - 572130 3. SRI CHELUVEGOWDA S/O LATE CHELUVEGOWDA, AGED ABOUT 55 YEARS, R/AT CHANNAPURA, BEGUR POST, KASABA HOBLI, KUNIGAL TALUK - 572 130 4. SMT SAROJAMMA W/O CHIKKABORAIAH, AGED ABOUT 61 YEARS, R/AT KOTHIPURA, HERUR POST, KORA HOBLI, TUMAKURU TALUK. - 572 101 5. SMT RATHNAMMA W/O PATEL KALEGOWDA, Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 3 - HC-KAR CNR: KAHC010225822019 NC: 2026:KHC:51382 WP No. 19045 of 2019 AGED ABOUT 61 YEARS, R/AT CHANNAPURA, BEGUR POST, KASABA HOBLI, KUNIGAL TALUK - 572 130 6. SRI CHIKKACHELUVEGOWDA S/O LATE CHELUVEGOWDA, AGED ABOUT 76 YEARS, R/AT CHANNAPURA, BEGUR POST, KASABA HOBLI, KUNIGAL TALUK - 572 130 7. SMT DODDAMMA W/O LATE NARAYANAGOWDA, AGED ABOUT 66 YEARS, R/AT CHANNAPURA, BEGUR POST, KASABA HOBLI, KUNIGAL TALUK - 572 130 8. SRI LAKSHMANA S/O LATE NARAYANAGOWDA, AGED ABOUT 56 YEARS, R/AT CHANNAPURA, BEGUR POST, KASABA HOBLI, KUNIGAL TALUK - 572 130 9. SRI RAMESH S/O LATE NARAYANAGOWDA, AGED ABOUT 46 YEARS, CONTRACTOR, R/AT VYSHNAVIDEVI NAGAR, CHOWDAPPA COMPOUND, GUARDEN ROAD, NEAR WATER TANK, KAMAKSHIPALYA, BENGALURU - 560 079 Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 4 - HC-KAR CNR: KAHC010225822019 NC: 2026:KHC:51382 WP No. 19045 of 2019 10. SRI CHELUVEGOWDA S/O LATE NARAYANAGOWDA, AGED ABOUT 46 YEARS, R/AT CHANNAPURA, BEGUR POST, KASABA HOBLI, KUNIGAL TALUK - 572 130 11. SRI KUMARA S/O LATE NARAYANAGOWDA, AGED ABOUT 41 YEARS, R/AT CHANNAPURA, BEGUR POST, KASABA HOBLI, KUNIGAL TALUK - 572 130 12. SMT RADAMMA W/O C P SHIVANNA, AGED ABOUT 46 YEARS, R/AT CHOWDANAKUPPE, HULIYURDURGA HOBLI, KUNIGAL TALUK - 572 130 13. SMT JAYAMMA D/O LATE NARAYANAGOWDA, AGED ABOUT 41 YEARS R/AT VRUSHABADEVANAGARA, CHOWDAPPA COMPOUND, GUARDEN ROAD, NEAR WATER TANK, SANNAKKIBAYALU BENGALURU - 560079 14. ANJANI S/O LATE NARAYANAGOWDA, AGED ABOUT 36 YEARS, C/O K R SHANTHA, W/O C C RANGANNA, RETD AAE PWD, NO.36, 18TH MAIN ROAD, Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 5 - HC-KAR CNR: KAHC010225822019 NC: 2026:KHC:51382 WP No. 19045 of 2019 MARUTHI LAYOUT, VIJANAGARA, BENGALURU - 560040 15. SRI K N SHASTHRI S/O NARAYANA SHASTRI, AGED ABOUT 71 YEARS, R/AT NO.90, AECN, NAGASHETTYHALLI, BENGALURU - 560 024 16. SRI K N VENKATARAMU S/O NARAYANA SHASTRI, AGED ABOUT 61 YEARS, R/AT DETN,MAHALAKSHMI BUILDING, TUMAKURU - 572 101 17. SMT GUNDAMMA W/O NARAYANA SHASTRI, AGED ABOUT 81 YEARS, R/AT BRAMAHANARA BEEDI, KUNIGAL - 572 130 18. K N NAGARAJU S/O NARAYANA SHASTRI, DEAD BY LRS., SMT CHAMPAKA, W/O NAGARAJU, AGED ABOUT 71 YEARS, 19. SRI K N VINAY S/O NAGARAJU, AGED ABOUT 41 YEARS, 20. SMT CHETANA D/O NAGARAJU, AGED ABOUT 36 YEARS, Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 6 - HC-KAR CNR: KAHC010225822019 NC: 2026:KHC:51382 WP No. 19045 of 2019 21. SMT CHAITHRA D/O NAGARAJU, AGED ABOUT 36 YEARS, R/AT MANJUNATHA NILAYA, B GROUP EXTENSION, K.R.S AGRAHARA, KUVEMPUNAGAR, KUNIGAL - 572 130 22. SRI K N SEETARAM S/O NARAYANA SHASTHRI, AGED ABOUT 51 YEARS, R/AT NO.2430, 7TH B MAIN, NEAR VENKATESHWARA TEMPLE, NEAR RPC LAYOUT, VIJANAGAR, BENGALURU - 560 040 23. SMT K N SEETALAKSHMI D/O NARAYANA SHASTHRI, AGED ABOUT 56 YEARS, R/AT NO./25 D, 3RD STAGE, INDUSTRIAL SUBRUB, VISHVESHWARANAGAR, MYSORE-570 008 24. SMT K N UMADEVI W/O HANUMANTHA RAO, AGED ABOUT 51 YEARS, R/AT 13/1, 5TH CROSS, PRAGNA VIDYA NIKETAN, BYATARAYANAPURA, BENGALURU-560026 25. SMT K N GEETHA D/O LATE NARAYANA SHASTHRI, W/O K N RAMAMURTHY, AGED ABOUT 52 YEARS, R/AT NO.59, IST MAIN ROAD, MARUTHI EXTENSION, Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 7 - HC-KAR CNR: KAHC010225822019 NC: 2026:KHC:51382 WP No. 19045 of 2019 SRIRAMAPURA, BENGALURU-560021 26. CHIKKARANGANNA S/O RANGEGOWDA, DEAD BY LRS., SRI B C SRIKANTAIAH, S/O LATE CHIKKARANGANNA, MAJOR, R/AT # 05, KOTTIGEPALYA, SRIGANDADA KAVAL, BENGALURU-560091 27. SRI B D ASHOKA S/O LATE CHIKKARANGANNA, MAJOR, BEGUR, BEGUR POST, KASABA HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT - 572 101 28. SRI B C RANGEGOWDA S/O LATE CHIKKARANGANNA, MAJOR, BEGUR, BEGUR POST, KASABA HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT - 572 101 29. SRI B C DASE GOWDA S/O LATE CHIKKARANGANNA, MAJOR, R/AT # 224, RANGANATHA NILAYA, 2ND CROSS, SUNKADAKATTE, TUMAKURU DISTRICT - 572 101 30. SRI B C PRAKASH KUMAR S/O LATE CHIKKARANGANNA, Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 8 - HC-KAR CNR: KAHC010225822019 NC: 2026:KHC:51382 WP No. 19045 of 2019 MAJOR, R/AT # 75, OM SRI NILAYA, 3RD MAIN ROAD, GNANAGANGA, GNANABHARATHI POST, BENGALURU-560056 31. SMT SUNANDA W/O H R CHANNARANGEGOWDA, MAJOR, R/AT #64/16, 21ST MAIN ROAD, MARENAHALLI N C LAYOUT, VIJAYANAGARA, BENGALURU-560040 32. SMT LALITHA B C W/O S N CHIKKANNA, MAJOR, R/AT # 492, 8TH MAIN ROAD, 2ND CROSS, 3RD STAGE, 3RD BLOCK, BASAVESHWARANAGARA, BENGALURU-560079 33. SMT VASANTHA W/O KEMPEGOWDA, MAJOR, 8TH MAIN ROAD, BEHIND TGMC BANK, ASHOKNAGARA, TUMAKURU - 572 101 34. DASE GOWDA DEAD BY LRS., SRI D NAGARAJAIAH, S/O LATE DASEGOWDA, AGED ABOUT 66 YEARS, MLA KUNIGAL CONSTITUENCY, R/O KANNAGUNI VILLAGE, Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 9 - HC-KAR CNR: KAHC010225822019 NC: 2026:KHC:51382 WP No. 19045 of 2019 YEDEYUR HOBLI, KUNIGAL TALUK - 572 130 35. SRI D RANGASWAMY S/O LATE DASEGOWDA, AGED ABOUT 46 YEARS, R/O N M PURA POST, YEDEYUR HOBLI, KUNIGAL TALUK - 572 130 36. SRI B SHIVANNA S/O LATE DASEGOWDA, AGED ABOUT 41 YEARS, R/O SRIRANGA NILAYA, K H B COLONY, KUNIGAL TOWN - 572 130 37. SRI D RAMACHANDRA S/O LATE DASEGOWDA, AGED ABOUT 38 YEARS, R/O NO.3446, SRIRANGA NILAYA, VHBCS LTD, GIRINAGARA, 4TH UNIT, BSK 3RD STAGE, BENGALURU-560085 38. SRI KRISHNAKUMAR S/O LATE DASEGOWDA, AGED ABOUT 41 YEARS, R/O KANNAGUNI, N M PURA POST, YEDEYUR POST, KUNIGAL TALUK - 572 130 39. SRI RANGAPPA S/O LATE DASEGOWDA, AGED ABOUT 51 YEARS, R/O HALAVAGILU, HUTHRI POST, Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 10 - HC-KAR CNR: KAHC010225822019 NC: 2026:KHC:51382 WP No. 19045 of 2019 HUTHRIDURGA HOBLI, KUNIGAL TALUK - 572 130 40. SMT THOPAMMA W/O LATE CHIKKATHIMMAIAH, AGED ABOUT 61 YEARS, R/O TAVAREKERE POST, KASABA HOBLI, KUNIGAL TALUK - 572 130 41. SMT JAYAMMA W/O LATE THIMMEGOWDA, AGED ABOUT 49 YEARS, R/O HANDANAHALLI, N M PURA POST, YEDEYUR HOBLI, KUNIGAL TALUK - 572 130 42. SMT SUSHEELAMMA W/O MUDALAGIRIGOWDA, AGED ABOUT 50 YEARS, R/O NO.938, 6TH CROSS, BSK IST STAGE, 2ND BLOCK, BENGALURU-560050 43. SMT D GOWRAMMA W/O R K GOWDAR, AGED ABOUT 61 YEARS, R/O BIDANAGERE, BIDANAGERE POST, KUNIGAL - 572 130 44. SMT D SHARADAMMA W/O B T B THILAK, AGED ABOUT 49 YEARS,. R/O KENKERE, BILIDEVALAYA POST, KUNIGAL TALUK - 572 130 Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 11 - HC-KAR CNR: KAHC010225822019 NC: 2026:KHC:51382 WP No. 19045 of 2019 45. SMT D SUJATHA W/O AHANSAYAPPA,. AGED ABOUT 51 YEARS, R/O NO.282/C, 2ND MAIN, IST UNIT, GIRINAGAR, BENGALURU-560085 …RESPONDENTS (BY SRI. SURESH S, ADVOCATE FOR R2, R3, R8 & R10 SRI. PRADEEP NAIK K, ADVOCATE FOR R24, R5 R7, R11, R17, R28, R38, R40, R25, R30, R31, R33, R34, R36, R37, R42 & R44 ARE SERVED & UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-CALL FOR RELEVANT RECORDS AND QUASH THE ORDER OF THE COURT OF THE SENIOR CIVIL JUDGE AND JMFC AT KUNIGAL IN MISC.PETITION NO.4/2007 DTD.25.07.2013 MARKED AS ANNX-A IN THIS W.P. AND THAT OF THE ORDER OF THE COURT OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE AT TUMAKURU IN M.A.NO.21/2013 DTD.07.12.2013 MARKED AS ANNX-C IN THIS W.P. AND ALLOW THIS W.P. WITH COSTS. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The captioned petition is filed by the legal heirs of the original plaintiff, calling in question the orders passed by the learned Appellate Court on Miscellaneous Petition No.4/2007 filed under Order XLI Rule 19 of the Code of Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 12 - HC-KAR CNR: KAHC010225822019 NC: 2026:KHC:51382 WP No. 19045 of 2019 Civil Procedure, 1908 (for short, ‘CPC’), seeking restoration of the regular appeal, which had been dismissed for non-taking of steps against the respondents. The said miscellaneous petition came to be rejected. Aggrieved thereby, the petitioners preferred Miscellaneous Appeal No.21/2013 under Order XLIII Rule 1(t) of CPC. The learned Appellate Court, even while considering the said miscellaneous appeal, noticed that though the appeal had been instituted in the year 2013, the appellants had failed to take effective steps against several respondents. Consequently, the miscellaneous appeal also came to be dismissed. It is these concurrent orders which are called in question in the present writ petition. 2. Heard the learned counsel appearing for the petitioners and the learned counsel appearing for some of the respondents. Perused the material on record. 3. The case on hand is a classic instance of gross and unexplained laxity in the prosecution of the Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 13 - HC-KAR CNR: KAHC010225822019 NC: 2026:KHC:51382 WP No. 19045 of 2019 proceedings by the plaintiffs and, subsequently, by their legal heirs. The original plaintiff had instituted O.S.No.61/1975 seeking the relief of declaration and injunction. The said suit was ultimately dismissed on merits in the year 2001. Aggrieved by the judgment and decree rendered therein, the plaintiffs preferred R.A.No.98/2001 before the learned Appellate Court. What is disconcerting is that, despite the appeal having been instituted in the year 2001, the appellants have failed to take effective steps to secure service upon the respondents and bring the appeal to its logical conclusion. The same state of affairs continued even in the miscellaneous proceedings initiated seeking restoration of the appeal. Thus, despite the litigation having its genesis in the year 1975, nearly five decades have elapsed, and the judgment and decree dismissing the suit on merits in the year 2001 has neither been reversed nor examined on merits in the appellate proceedings. Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 14 - HC-KAR CNR: KAHC010225822019 NC: 2026:KHC:51382 WP No. 19045 of 2019 4. Ordinarily, this Court would be slow to terminate a long-pending lis merely on technical considerations. However, the present case falls within an exceptional category. The records disclose a persistent and gross failure on the part of the plaintiffs and their legal heirs to diligently prosecute the proceedings. The regular appeal instituted in the year 2001 has remained pending for want of effective steps. Even the application filed under Order XLI Rule 19 of CPC for restoration of the appeal was not diligently prosecuted, resulting in its dismissal. The miscellaneous appeal preferred thereafter has met with the same fate on account of the appellants’ failure to take steps against the respondents. Significantly, even before this Court, the present writ petition, though instituted in the year 2019, has remained pending without the petitioners taking necessary steps against respondent Nos.15 and 27, who are reported to have died. Thus, the conduct of the petitioners throughout the proceedings Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 15 - HC-KAR CNR: KAHC010225822019 NC: 2026:KHC:51382 WP No. 19045 of 2019 does not disclose due diligence or bona fide efforts to prosecute the litigation. 5. It is in this backdrop that the prayer made by the learned counsel for the petitioners seeking further time to take steps against respondent Nos.15 and 27 and to bring their legal representatives on record cannot be accepted. The cause list further discloses that several respondents are yet to be served and the matter has already been listed on earlier occasions for taking fresh steps against the unserved respondents. Granting yet another opportunity, in the facts and circumstances of the present case, would only result in prolonging a litigation which has remained pending for nearly five decades, without any adjudication of the appeal on merits. The plaintiffs had suffered a decree on merits as far back as in the year 2001 and have thereafter failed to diligently prosecute the appellate proceedings. The extraordinary jurisdiction under Article 227 of the Constitution of India cannot be exercised Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 16 - HC-KAR CNR: KAHC010225822019 NC: 2026:KHC:51382 WP No. 19045 of 2019 to perpetuate such indolence or to revive an appeal which has been repeatedly dismissed for failure to take necessary steps. The orders passed by the learned Appellate Court do not suffer from any jurisdictional error or perversity warranting interference. 6. For the aforesaid reasons, this Court is of the considered view that no useful purpose would be served by granting any further indulgence to the petitioners. The concurrent orders passed by the learned Appellate Court warrant no interference in exercise of the supervisory jurisdiction of this Court under Article 227 of the Constitution of India. Accordingly, the writ petition stands dismissed. (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 4 Digitally Signed By: SACHIN SHANKAR MAGADUM Verified