- 1 - HC-KAR CNR: KAHC010636852026 NC: 2026:KHC:52632 WP No. 29264 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 29264 OF 2026 (GM-CPC) BETWEEN: 1. SMT. NARASAMMA WIFE OF LATE NANJUNDAIAH, AGED ABOUT 75 YEARS, RESIDING AT NARAYANPURA, AMRUTHUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT - 572 130. 2. SRI. GANGADHAR, SON OF LATE NANJUNDAIAH, AGED ABOUT 54 YEARS, RESIDING AT NO.9, 3RD CROSS, NAGAPPA STREET, PALACE GUTTAHALLI, NEAR INDIAN OIL PETROL BUNK, MALLESHWARAM, BENGALURU - 560 003. 3. SRI. NANJAIAH, SON OF LATE NANJUNDAIAH, AGED ABOUT 52 YEARS, RESIDING AT NO.69/1, GANGA NILAYA , Digitally signed by VINUTHA B S Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010636852026 NC: 2026:KHC:52632 WP No. 29264 of 2026 2ND CROSS, 4TH MAIN, GOVINDARAJANAGAR, THIMMENAHALLI, BENGALURU - 560 040. 4. SMT. JAYALAKSHMI, D/O LATE NANJUNDAIAH, WIFE OF MANJUNATH. T, AGED ABOUT 50 YEARS, RESIDING AT 66, 3RD CROSS, NEAR SWIMMING POOL ROAD, RAJESHWARI NAGAR, LAKSHMIPURA POST, BENGALURU - 562 123. 5. SMT. SHARADAMMA, WIFE OF LATE VEERKANTAIAH, AGED ABOUT 75 YEARS, RESIDING AT NARAYANPURA, AMRUTHUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT - 572 130. AND ALSO AT NO.264, 7TH MAIN ROAD, NEAR VENKATARAMANA SWAMY TEMPLE ROAD, SRINAGAR, BSK 1ST STAGE, BENGALURU, PINCODE 560050 (BENEFIT OF SENIOR CITIZEN NOT CLAIMED). …PETITIONERS (BY SRI. PUNITH C., ADVOCATE) - 3 - HC-KAR CNR: KAHC010636852026 NC: 2026:KHC:52632 WP No. 29264 of 2026 AND: 1. SMT. NAGARATHNAMMA WIFE OF LATE PURUSHOTHAM, AGED ABOUT 57 YEARS, RESIDING AT NARAYANPURA, AMRUTHUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PINCODE 572130. 2. SRI. SHANKAR, SON OF LATE SANNAPPA @ NANJUNDEGOWDA, AGED ABOUT 62 YEARS, RESIDING AT NARAYANPURA, AMRUTHUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PINCODE 572130 AND ALSO AT U22, 3RD MAIN ROAD, 9TH CROSS, K.P. AGRAHRA, BHUVANESHWEARI NAGAR, BENGALURU, PINCODE 560 023. 3. SRI. MANJUNATH, SON OF LATE SANNAPPA @ NANJUNDEGOWDA, AGED ABOUT 59 YEARS, RESIDING AT NARAYANPURA, AMRUTHUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PINCODE 572130 AND ALSO AT U22, 3RD MAIN ROAD, 9TH CROSS, K.P. AGRAHRA, - 4 - HC-KAR CNR: KAHC010636852026 NC: 2026:KHC:52632 WP No. 29264 of 2026 BHUVANESHWEARI NAGAR, BENGALURU, PINCODE 560023. 4. SRI. NANJEGOWDA, SON OF LATE SANNAPPA @ NANJUNDEGOWDA, AGED ABOUT 52 YEARS, RESIDING AT NARAYANPURA, AMRUTHUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PINCODE 572130, AND ALSO AT U22, 3RD MAIN ROAD, 9TH CROSS, K.P. AGRAHRA, BHUVANESHWEARI NAGAR, BENGALURU, PINCODE 560023. …RESPONDENTS (VIDE ORDER DATED 23.09.2026 NOTICE TO RESPONDENTS IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 15.02.2020 IN R.A.NO.24/2015, PASSED BY THE LEARNED PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, KUNIGAL, DISMISSING THE REGULAR APPEAL FOR NON-PROSECUTION AS PER ANNEXURE-A AND ETC,. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND - 5 - HC-KAR CNR: KAHC010636852026 NC: 2026:KHC:52632 WP No. 29264 of 2026 ORAL ORDER The present writ petition is filed impugning the order dated 15.02.2020, whereby the first appellate Court dismissed R.A.No.24/2015 for its non-prosecution. 2. Learned counsel for the petitioners submits that the non- appearance of the counsel was neither intentional nor deliberate, but was due to unavoidable circumstances. 3. Considered the submission made by the learned counsel for the petitioners. 4. Considering the limited nature of the issue involved, notice to the respondents is dispensed with. 5. The appeal is of the year 2015. A perusal of the order sheet indicates that the LCR was called for and, for such purpose, the matter was adjourned for a considerable period. Immediately after receipt of the LCR, the case was posted on two occasions, during which the appeal came to be dismissed for non-prosecution. - 6 - HC-KAR CNR: KAHC010636852026 NC: 2026:KHC:52632 WP No. 29264 of 2026 6. When the trial Court records had been awaited for more than two to three years, another opportunity ought to have been granted to the petitioner. Failure to grant such an opportunity would undoubtedly violate the principles of natural justice. If the appeal is restored, no prejudice would be caused to the other parties, as the same would facilitate complete adjudication of the dispute between the parties. 7. However, it is also to be noted that, had the appellant exercised due diligence, the impugned order could have been avoided. 8. In the light of the above, the following: ORDER i. The writ petition is allowed. ii. The order dated 15.02.2020 passed in R.A.No.24/2015 is hereby set aside. iii. The appeal in R.A.No.24/2015 pending on the file of the learned Principal Senior Civil Judge and JMFC, Kunigal, is hereby restored to its - 7 - HC-KAR CNR: KAHC010636852026 NC: 2026:KHC:52632 WP No. 29264 of 2026 original file, subject to payment of costs of Rs.1,000/- to each of the respondents therein. Sd/- (K. V. ARAVIND) JUDGE DDU List No.: 1 Sl No.: 21