- 1 - HC-KAR CNR: KAHC010454902019 NC: 2026:KHC:53567 WP No. 50920 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA WRIT PETITION NO. 50920 OF 2019 (GM-RES) BETWEEN: M/S. PROVIDENCE BUILDERS AND DEVELOPERS A PARTNERSHIP FIRM JOHN SYLVESTER SALDANHA S/O. LATE LOUIS SALDANHA PARTNER M/S PROVIDENCE BUILDERS AND DEVELOPERS BEJAI NEW ROAD, MANGALORE - 4 …PETITIONER (BY SRI. SACHIN B.S., ADVOCATE) AND: MR NAYAN D. THAKKAR S/O. LATE DUNGRASHI THAKKAR AGE MAJOR R/AT ASWATI, 47-1, RCF RAW HOUSE, SECTOR 6 VASHI NAVI MUMBAI - 400 073 RERPRESENTED BY GPA HOLDER FRANCIS J. PINTO S/O. BAPTIST D PINTO AGED ABOUT 50 YEARS R/AT SHELTER NODU BAILU BEJAI, MANGALORE - 04 …RESPONDENT (BY SRI. S. RAJASHEKAR, ADVOCATE) Digitally signed by ANNAPURNA G Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010454902019 NC: 2026:KHC:53567 WP No. 50920 of 2019 THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF CR.P.C. PRAYING TO QUASH THE IMPUGNED ORDERS DATED 21.12.2018 AND 25.1.2019 AND ENTIRE PROCEEDINGS IN CC NO.3868/2019 ARISING OUT OF PCR NO.1220/2017 ON THE FILE OF JMFC (IV COURT) MANGALORE AS PER ANNEXURE A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER 1. Learned counsel for the petitioner has filed a memo. Memo reads as under: “The undersigned counsel for the petitioner submits that the C.C.No.3868/2019, being the impugned proceedings herein stands dismissed for non-prosecution, pending the impugned proceeding in this writ petition has rendered infructuous. However, the petitioner most humbly prays to restore the petition, if the impugned proceedings are restored.” - 3 - HC-KAR CNR: KAHC010454902019 NC: 2026:KHC:53567 WP No. 50920 of 2019 2. Placing the memo on record, the writ petition is dismissed as withdrawn as it has rendered infructuous. 3. However, if the complaint before the Trial Court is restored which has been dismissed by the default, the petitioner is at liberty to file fresh petition if any grievances are available. Sd/- (V SRISHANANDA) JUDGE snc List No.: 1 Sl No.: 4