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2026 DAILYLAW 46619 (KAR)

SMT. MEENAKSHI v. SRI. SYED KAREEM SAB

WP/28047/2018 · 2026-02-02

Tara Vitasta Ganju

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Judgment text

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HC-KAR NC: 2026:KHC:6364 WP No. 28047 of 2018 - 1 - IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION NO. 28047 OF 2018 (GM-CPC) BETWEEN: SMT. MEENAKSHI W/O P.Y.MALLESH, R/AT EDIGA BEEDI, PERIYAPATNA TOWN, MYSURU DISTRICT-571 107. …PETITIONER (BY SRI. ROHITH GOWDA., ADVOCATE) AND: 1. SRI. SYED KAREEM SAB S/O BUDAN SAB, R/AT OLAKATE, MEDARA BLOCK, PERIYAPATNA TOWN, MYSURU DISTRICT-571 107. 1(a) RIZWAN BEGUM, W/O LATE SYED KAREEM, AGED ABOUT 50 YEARS, 1(b) SYED AMANULLA S/O LATE SYED KAREEM, AGED ABOUT 30 YEARS, 1(c) SYED SANAULLA S/O LATE SYED KAREEM HC-KAR NC: 2026:KHC:6364 WP No. 28047 of 2018 - 2 - AGED ABOUT 30 YEARS, 1(d) SYED SAMMRIN S/O LATE SYED KAREEM, AGED ABOUT 28 YEARS, 1(e) SYED AMREEN S/O LATE SYED KAREEM, AGED ABOUT 26 YEARS, ALL ARE R/AT MEDARA BLOCK, PERIYAPATNA TOWN & TALUK, MYSURU DISTRICT-571 107. …RESPONDENTS (BY SRI. P.M.SIDDAMALLAPPA., ADVOCATE FOR R1(B) & (C); V/O DTD: 02.08.2021, NOTICE TO R1(A, D, & E)-HELD SUFFICIENT) THIS WP FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO-CALL FOR RECORDS IN EX. PET NO.41/2012 AND SET ASIDE THE ORDER DATED 04.06.2018, PASSED ON EXECUTION NO.41/2012 BEFORE THE CIVIL JUDGE, JR. DVN AND JMFC AT PERIYAPATNA WHICH IS PRODUCED AT ANNEXURE-A AND CONSEQUENTLY TO ALLOW THE APPLICATION FILED BY THE JDR NO.2. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU HC-KAR NC: 2026:KHC:6364 WP No. 28047 of 2018 - 3 - ORAL ORDER 1. This petition is filed seeking to set aside the order dated 04.06.2018, in Ex.No.41/2012 passed by the Civil Judge and JMFC, Periyapatna [hereinafter referred to as the “Impugned Order”]. 2. The record reflects that multiple adjournment requests have been sought for by the petitioner’s counsel right from the date when the petition was filed on 02.07.2018. After the notice was issued and a stay was granted by this Court on 12.02.2021, the petitioner’s counsel has requested for 11(eleven) adjournments and these include orders dated 08.09.2021, 05.07.2023, 21.08.2024, 12.09.2024, 05.03.2025, 22.03.2025, 28.03.2025, 19.06.2025, 03.07.2025, 28.07.2025 and 18.09.2025. For the sake of brevity, these orders have not been reproduced. HC-KAR NC: 2026:KHC:6364 WP No. 28047 of 2018 - 4 - 3. When the matter was listed on 21.01.2026, a joint request for adjournment was sought by the parties. The adjournment was granted. 4. Today, once again the petitioner’s counsel seeks an adjournment. The order dated 21.01.2026 is also not complied with. 5. Since, eleven adjournments have been taken by the petitioner at the past and this Court is not inclined to grant any further adjournment. The conduct of the petitioner makes it clear that she does not wish to prosecute the matter. 6. The petition is accordingly dismissed for non-prosecution. All pending applications stand closed. Sd/- (TARA VITASTA GANJU) JUDGE YN List No.: 1 Sl No.: 9 Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA