- 1 - HC-KAR NC: 2026:KHC:3423 WP No. 26195 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION NO.26195 OF 2019 (GM-CPC) BETWEEN: SRI. D. S. SHANKAR, S/O LATE SRI. D. SUBBA RAO AGED ABOUT 68 YEARS, R/AT NO.117/4, 5TH MAIN THYAGARAJANAGAR BANGALORE – 560 028 …PETITIONER (BY SRI. JOSHI DATTATRAYA MADHAVA RAO., ADVOCATE (ABSENT)) AND: 1. a) b) SMT. ANNAPURNAMMA SINCE DECEASED REPT BY HER LR’S LATE SRI. B.S.VENKATANARAYANA RAO, AGED ABOUT 92 YEARS, HUSBAND OF LATE SMT. ANNAPURNAMMA, O.62-11/1, 41ST CROSS, 3RD MAIN, 8TH BLOCK, JAYANAGAR, BANGALORE – 560 070. LATE B.V.CHANDRASHEKAR, S/O SRI. B.S.VENKATANARAYANA RAO, SINCE DECEASED REPT. BY HIS LR’S i) SMT. LALITHA, AGED ABOUT 60 YEARS, - 2 - HC-KAR NC: 2026:KHC:3423 WP No. 26195 of 2019 c) d) e) W/O LATE B.V.CHANDRASHEKAR, NO.407, 43RD CROSS, 8TH BLOCK, JAYANAGAR, BANGALORE – 560 068. ii) SMT. NALINI SHIVASHANKAR, AGED ABOUT 30 YEARS, W/O LATE B.V.CHANDRASHEKAR, SALES MANAGER, UNITED SPIRITS LTD., NO.100/1, 5TH FLOOR, RICHMOND ROAD, (ABOVE CITY BANK) BANGALORE – 560 025. iii) KUM. NANDINI, AGED ABOUT 26 YEARS, D/O LATE B V CHANDRASHEKAR, R/AT NO.407 43RD CROSS, NER BHARATHI COFFEE WORKS, 8TH BLOCK, JAYANAGAR, BANGALORE – 560 068. SRI. B V VIJAYENDRA RAO, AGED ABOUT 65 YEARS, S/O LATE SRI B.S. VENKATANARAYANA RAO, R/AT NO.62/11, 41ST CROSS, 3RD MAIN, 8TH BLOCK, JAYANAGAR, BANGALORE – 560 070. SRI. B V SUBRAMANYA, AGED ABOUT 63 YEARS, S/O LATE SRI. B S VENKATANARAYANA RAO, R/AT NO.87 2ND MAIN, 4TH PHASE, 7TH BLOCK, JAYANAGAR, BANGALORE – 560 070. SRI. B V PRABHAVATHI, AGED ABOUT 70 YEARS, W/O LATE SRI. V VENKATAKRISHNA, D/O LATE SRI. B S VENKATANARAYANA RAO, R/AT NO.181, BUILDING NO.7, - 3 - HC-KAR NC: 2026:KHC:3423 WP No. 26195 of 2019 f) g) h) i) 2) a) SHIRKE, KENGERI STATELLITE TOWN, BANGALORE – 560 074. SMT. B V LALITHA, AGED ABOUT 58 YEARS, D/O LATE SRI. B S VENKATANARAYANA RAO, W/O SRI. M S ANANTH, NO.85, 24TH MAIN, 5TH A CROSS, R K COLONY MARENAHALLI, J P NAGAR, 2ND STAGE, BANGALORE – 560 078. SMT. B V PADMA, AGED ABOUT 56 YEARS, D/O LATE SRI. B S VENKATANARAYANA RAO, W/O SRI. SRINIVAS, R/AT NO.62, 41ST CROSS, 3RD MAIN, 8TH BLOCK, JAYANAGAR, BANGALORE – 560 082. SMT. B V USHADEVI AGED ABOUT 56 YEARS, D/O LATE SRI. B S VENKATANARAYANA RAO W/O SRI. H R RAGHUNAND R/AT NO.389, 10TH CROSS, 4TH MAIN, 8TH PHASE, NRUPATHUNGA ROAD, J P NAGAR, BANGALORE – 560 078. SRI. B V SREENIVAS, AGED ABOUT 68 YEARS, S/O LATE B S VENKATANARAYANA RAO, NO.123, 5TH CROSS, OMKAR NAGAR, AREKERE, BANNERGHATTA ROAD, BANGALORE – 560 023. SMT. LAKSHMAMMA SINCE DECEASED REPT BY HER LRS SMT. G V NAGARATHNA, MAJOR, - 4 - HC-KAR NC: 2026:KHC:3423 WP No. 26195 of 2019 b) c) d) e) 3. 4. D/O LATE LAKSHMAMMA, R/AT NO.6 RCC POST, DEVI NAGAR BHARATHI STREET CHENNAI – 600 109. SRI. G V SOMASHEKAR, MAJOR S/O LATE LAKSHMAMMA, R/AT NO.138, 6TH CROSS, 3RD BLOCK, THYAGARAJANAGAR, BANGALORE – 560 028. SMT. G V SUBBALAKSHMI, MAJOR D/O LATE SMT. LAKSHMAMMA R/AT NO.153, 32ND CROSS, IV BLOCK, 11TH MAIN, JAYANAGAR BANGALORE – 560 011. SMT. SARASWATHI, MAJOR D/O LATE LAKSHMAMMA, R/AT NO.87/7 2ND MAIN, BOB COLONY, 7TH PHASE J P NAGAR, BANGALORE – 560 078. SRI. G. V. K. PRASAD, MAJOR S/O LATE SMT. LAKSHMAMMA R/AT NO.153, 11TH MAIN 32ND CROSS, IV BLOCK, JAYANAGAR, BANGALORE – 560 011. SRI. D S NAGARAJ, MAJOR S/O LATE SRI. D SUBBA RAO NO.11 (UPSTAIRS) SEETHARAMA NIVAS, 4TH MAIN ROAD, THYAGARAJANAGAR, BANGALORE – 560 028. SMT. D S ANASUYA, MAJOR D/O LATE SRI. D SUBBA RAO R/AT NO.158 UPSTAIRS 9TH CROSS, N R COLONY BANGALORE – 560 004. - 5 - HC-KAR NC: 2026:KHC:3423 WP No. 26195 of 2019 5. SMT. THANGAMANI @ NAGALAKSHMI D/O LATE D SUBBA RAO, R/AT NO.117/4, 5TH MAIN, THYAGARAJANAGAR, BANGALORE – 560 028. …RESPONDENTS (BY SRI. B.C.SEETHARAMA RAO., ADVOCATE FOR R1 (b) (i & iii), R1 (c,e,f,g,h), R3, R4; R2 (a& B) ARE SERVED; VIDE ORDER DATED 01.07.2025, PETITION AGAINST R1 (b)(2), R1(d), R2(e), R5 & R1 (a) SHALL STAND REJECTED; VIDE ORDER DATED 08.07.2025, WP AGAINST R2 (c & d) STANDS REJECTED) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR DIRECTION QUASHING THE ORDER DATED 31.05.2019 ON COMMISSIONER REPORT IN FDP NO.71/2012 UNDER ANNEXURE-E PASSED BY THE XX ADDL. CITY CIVIL AND SESSION JUDGE, BENGALURU (CCH-32), IN THE INTEREST OF JUSTICE. THIS PETITION COMING ON FOR ORDRES THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL ORDER 1. None appears for the petitioner despite the matter being called out twice. There was no presence on behalf of the petitioner on the last three dates of hearing as well. - 6 - HC-KAR NC: 2026:KHC:3423 WP No. 26195 of 2019 2. Learned counsel for the respondents submits that the suit has already stood decreed before the learned Trial Court and thus, the petition has likely become infructuous. 3. The petition is accordingly dismissed in default and for non-prosecution. (TARA VITASTA GANJU) JUDGE YN List No.: 1 Sl No.: 2 Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA