The High Court allowed the appeal and set aside the order dismissing an application to recall a writ petition dismissed for non-prosecution, restoring the matter for disposal on merits.
Set aside the order dated 14-12-2007 on I.A. No.1/2006; writ petition disposed of; matter remanded to Single Judge for disposal on merits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 18TH DAY OF JUNE 2012
PRESENT
THE HON'BLE MR. JUSTICE K.L.MANJUNATH
AND
THE HON'BLE MR. JUSTICE V.SURI APPA RAO
W.A. No.388/2008 (LR)
BETWEEN :
SRI R RAVINDRA S/O SRI RAMACHADNRAIAH HINDU, MAJOR, AGE 55 YEARS, R/AT MANTAPA VILLAGE JIGANI HOBLI, ANEKAL TALUK, BANGALORE URBAN DISTRICT.
...APPELLANT
(By Sri. H RAMACHANDRA, ADV.)
AND :
( By Sri. M. KESHAVA REDDY, AGA FOR R-1, 2 & 5)
This writ appeal is filed under Section 4 of the High Court Act, prays that this Hon'ble Court be pleased to set aside the impugned order passed by the learned Single Judge in W.P. No. 24718/1997 (LR) dated 14.12.2007.
This writ appeal coming on for Orders this day, K.L.MANJUNATH. J., delivered the following :
JUDGMENT
Notice to respondent No.4(A) is held to be sufficient.
Heard the learned Counsel for the appellant and the Government
Advocate for respondent Nos.1, 2 and 5 on merits.
This appeal is filed by the appellant challenging the order passed
on I.A. No.1/2006 in W.P. No. 24718/1997 dated 14th December 2007
wherein the learned Single Judge has dismissed the application to recall the order of dismissal as the writ petition is filed on 16.06.2006.
is concerning 10 acres of land in the outskirts of Bangalore, injustice shall not be caused to a party on account of the negligence of the Advocate.
Sd/JUDGE.
Sd/JUDGE.
Rbv
2 issues framed by the court
Whether a writ petition dismissed for non-prosecution can be recalled upon application by counsel supported by an affidavit.
Whether an order dismissing an application to recall a non-prosecution dismissal order should be set aside.
SRI R RAVINDRA S/O SRI RAMACHADNRAIAH
STATE OF KARNATAKA
THE LAND TRIBUNAL ANEKAL TALUK
KALAMMA TEMPLE VAJARAHALLI
SRI JAYARAMAIAH
THE TAHSILDAR ANEKAL TALUK
K.L.MANJUNATH
V.SURI APPA RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
