- 1 - HC-KAR NC: 2026:KHC-D:2402-DB WP No. 107430 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 17TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE M.I.ARUN AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI WRIT PETITION NO.107430 OF 2025 (GM-CON) BETWEEN: SHANKAR, S/O. MAHABALESHWAR KANCHAGAR, AGED ABOUT 52 YEARS, OCC: BUSINESS, R/O: KALIKA KRUPA, PLOT NO.4, SIDHARTHA COLONY, 1ST CROSS, DHARWAD – 580 008. …PETITIONER (BY SRI. PATIL SHIVASAI MALLANAGOUDA, ADVOCATE) AND: 1. SURESH, S/O. KANAKAPPA JAKARADDI, SINCE DECEASED BY HIS LRS., 1A. ANJANA, W/O. SURESH JAKARADDI, AGED ABOUT 40 YEARS, OCC: HOUSEHOLD WORK, R/O: MANGALAGATTI PLOT, SADHANKERI, DHARWAD – 580 008. 1B. ARCHANA, D/O. SURESH JAKARADDI, Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2026:KHC-D:2402-DB WP No. 107430 of 2025 AGED ABOUT 20 YEARS, OCC: STUDENT, R/O: MANGALAGATTI PLOT, SADHANKERI, DHARWAD – 580 008. 1C. WANI, D/O. SURESH JAKARADDI, AGED ABOUT 18 YEARS, OCC: HOUSEHOLD WORK, R/O: MANGALAGATTI PLOT, SADHANKERI, DHARWAD – 580 008. 2. MR. ANIL KUMAR, S/O. NAGAIAH SHETTY, AGED ABOUT 59 YEARS, OCC: BUSINESS, R/O: CRAIGH PARK LAYOUT, M.G.ROAD, BANGALORE – 560 001. 3. MR. SUNIL KUMAR, S/O. NAGAIAH SHETTY, AGED ABOUT 55 YEARS, R/O: NEAR S. P. OFFICE, PHQ ROAD, DHARWAD – 580 008. 4. SMT. SHILPA, D/O. NAGAIAH SHETTY, AGED ABOUT 50 YEARS, OCC: BUSINESS, R/O: SADASHIV NAGAR, BANGALORE – 560 001. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, ISSUE A WRIT OF CERTIORARI BY QUASHING THE ORDER DATED 27.05.2024 PASSED IN APPEAL NO.1458/2017 ON THE FILE OF THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION BANGALORE AT ANNEXURE K, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC-D:2402-DB WP No. 107430 of 2025 CORAM: THE HON'BLE MR. JUSTICE M.I.ARUN AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.I.ARUN) The writ petition is filed with the following prayers: “a) Issue a writ of Certiorari by quashing the order dated 27/05/2024 passed in Appeal No.1458/2017 on the file of the Karnataka State Consumer Disputes Redressal Commission, Bangalore, at Annexure-K, in the interest of justice and equity. b) Pass any other order or direction as this Hon’ble deems just and proper under facts and circumstances of case including award of cost in interest of justice and equity.” 2. On 27.05.2024, the Karnataka State Consumer Disputes Redressal Commission, Bangalore, has passed the following order: “Advocate for appellant files an application under sec. 5 of the limitation act read with sec 151 of the CPC to condone the delay of 5 years 243 days and also files an application under order 22 rule 9 of CPC to bring the LR's of the R-1 and submits that they are not aware about the death of R-1. When the advocate of R-1 informed him, then only the Appellant came to know that the R-1 had died. Thereafter, the appellant had filed an application to bring the LR's of R-1 hence, there is a delay in filing this application. The - 4 - HC-KAR NC: 2026:KHC-D:2402-DB WP No. 107430 of 2025 delay is not intentional but for a bonafide reasons hence, prays to condone the delay and permit him bring the LR's of the R-1. Perused- There is a delay of 5 years 243 days to bring the LR's of R-1. The reasons explained are not satisfactory. When the R-1 died it is a bounded duty on the part of appellant to bring the LR's at that time itself. No valid reasons urged before this Commission to condone the delay, hence, the appeal against the R-1 abates. To hear by 10.07.2024.” As can be seen from the same, in spite of respondent No.1 therein dying, the petitioner herein did not take any steps to bring his legal representatives on record for a period of 5 years 243 days. No proper explanation is offered by the petitioner. 3. Even otherwise, by virtue of Section 51(2) of the Consumer Protection Act, 2019 (for short, ‘the Act’), an appeal shall lie to the National Commission for any orders passed by the State Commission. Section 51(2) of the Act reads as under: “51. Appeal to National Commission.—(1)x x x (2) Save as otherwise expressly provided under this Act or by any other law for the time being - 5 - HC-KAR NC: 2026:KHC-D:2402-DB WP No. 107430 of 2025 in force, an appeal shall lie to the National Commission from any order passed in appeal by any State Commission, if the National Commission is satisfied that the case involves a substantial question of law.” 4. An ‘order’ means the formal expression of any decision by the concerned forum; it may be interim in nature or final. 5. As there is an alternative and efficacious remedy available to the petitioner, the writ petition is hereby dismissed. Sd/- (M.I.ARUN) JUDGE Sd/- (B. MURALIDHARA PAI) JUDGE KMS / CT: ASC List No.: 1 Sl No.: 14