Sri. M Ananda Bhairavi vs The Secretary
2023 Latest Caselaw 153 Kant

                          1



 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 3RD DAY OF JANUARY 2023

                       PRESENT

        THE HON'BLE MR. JUSTICE ALOK ARADHE

                         AND

     THE HON'BLE MR.JUSTICE S. VISHWAJITH SHETTY

           W.A. NO.751 OF 2022 (GM-POLICE)

BETWEEN:

SRI. M. ANANDA BHAIRAVI
S/O LATE MADAIAH
AGED ABOUT 66 YEARS
NO.1002, 14TH MAIN, 16TH C CROSS
1ST STAGE, 5TH BLOCK
NEAR SRI SAI HOSPITAL NAGAWARA POST
BENGALURU-560045.
                                       ... APPELLANT
(BY MR. BHANU PRAKASH H.V. ADV., (ABSENT))

AND:

1.     THE SECRETARY
       DEPARTMENT OF HOME AFFAIRS
       VIDHANA SOUDHA
       BANGALORE-560001.

2.     THE COMMISSIONER OF POLICE
       NAZARABAD MYSORE CITY
       MYSORE-570011.

3.     THE DEPUTY SUPERINTENDENT OF POLICE
       OFFICE OF THE DEPUTY SUPERINTENDENT
       OF POLICE, MYSORE DISTRICT
       NAZARBAD MOHALLA, MYSURU-570011.
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4.   THE ASST. COMMISSIONER OF POLICE
     OFFICE OF THE ASSISTANT COMMISSIONER
     OF POLICE, MAHARANA PRATHAP SIMHAJI
     ROAD, MYSORE-570010.

5.   THE INSPECTOR OF POLICE
     N R MOHALLA POLICE STATION
     N R MOHALLA, MYSORE-570007.

6.   SMT. BHAGYA
     AGED MAJOR
     W/O LATE SRI RAMACHANDRA
     R/O D 4174/A, 8TH CROSS
     GANDHI NAGAR, MYSORE-570007.

                                    ... RESPONDENTS

(BY MR. B. RAJENDRA PRASAD, HCGP FOR R1-R5)
                         ---
      THIS WRIT APPEAL IS FILED U/S 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE
ORDER DATED 18/06/2021, PASSED BY THE LEARNED
SINGLE JUDGE OF THIS HON BLE COURT IN WP
NO.7370/2021. CONSEQUENTLY, ISSUE A WRIT IN THE
NATURE OF WRIT OF MANDAMUS DIRECTING THE
RESPONDENT POLICE TO TAKE COGNIZANCE OF THE
COMPLAINT FILED BY THE PETITIONER DATED 28/11/2017
AND REGISTER CRIME, PREPARE FIR, CONDUCT ENQUIRY
AND TO PROCEED AGAINST THE SAID SMT. SOWBHAGYA
ALIAS BHAGYA (RESPONDENT NO.6) AGAINST WHOM THE
PETITIONER HAS LODGED COMPLAINT FOR CONCOCTING
THE TITLE DEEDS OF THE PROPERTY AND ACTING AGAINST
THE INTERESTS OF THE CO-OWNERS OF THE PROPERTY
AND TRYING TO DISPOSE OF THE PROPERTY AS INDIVIDUAL
SELF-ACQUIRED PROPERTY OF HER HUSBAND THOUGH
THE SAID PROPERTY IS AN ANCESTRAL PROPERTY AND
INITIATE SUITABLE PROCEEDINGS AGAINST HER UNDER
THE PROVISIONS OF THE INDIAN PENAL CODE & ETC.
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    THIS WRIT APPEAL COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ALOK ARADHE J., DELIVERED THE
FOLLOWING:

                        JUDGMENT

None for the appellant even when the matter is

called in the second round. It appears that the

appellant is not interested in prosecuting the appeal.

Accordingly, the appeal is dismissed for want of

prosecution.

Consequently, pending interlocutory application

is also dismissed.

Sd/-

JUDGE

Sd/-

JUDGE

RV