High Court bench dismissed the writ appeal against the Single Judge's order rejecting the writ petition due to delay and latches following earlier final litigation.
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 DHARWAD BENCH
DATED THIS THE 2ND DAY OF MARCH 2020
PRESENT
THE HON’BLE MRS. JUSTICE S.SUJATHA
AND
THE HON’BLE MS. JUSTICE JYOTI MULIMANI
WRIT APPEAL NO.100527 of 2019 (GM-R/C)
BETWEEN:
BASAYYA S/O SHANKRAYYA PUJARI AGE: 74 YEARS, OCC: PRIEST, R/O: BASTAWAD VILLAGE, TQ: HUKKERI, DIST: BELAGAVI.590002
... APPELLANT (BY SRI. RAGHAVENDRA A.PUROHIT, ADVOCATE)
AND
CHANAGOUDA S/O BASAGOUDA PATIL AGE: 75 YEARS, OCC: AGRICULTURIST, R/O: BASTAWAD VILLAGE, TQ: HUKKERI, DIST: BELAGAVI.590002
... RESPONDENT
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT 1961 PRAYING TO SET ASIDE THE ORDER/JUDGMENT DATED 24.6.2019 PASSED BY THE LEANED SINGLE JUDGE IN W.P. NO.1109222 OF 2017 AS NULL AND VOID ALLOW THE WRIT PETITION IN THE INTEREST OF JUSTICE AND EQUITY.
THIS WRIT APPEAL COMING ON FOR PRELIMINARY HEARING THIS DAY, S.SUJATHA, J., DELIVERED THE FOLLOWING:
2
JUDGMENT
This writ appeal is directed against the order of the learned Single Judge dated 24.06.2019 passed in Writ Petition No.110922 of 2017 whereby the learned Single Judge has rejected the writ petition.
3
transferred to the learned District Judge, Belagavi, which is numbered as Misc.No.50 of 2012. Along with the said appeal, the petitioner had filed I.A.1 for condonation of delay in challenging the order dated 26.07.1994. Considering the order of this Court dated 09.01.2004 passed on merits in Writ Petition No.52899 of 2003, the learned District Judge dismissed I.A.1 as well as the main matter which was challenged before the learned Single Judge. The learned Single Judge dismissed the writ petition on the ground of delay and latches, considering the finality reached in the earlier round of litigation and its binding effect on the learned District Judge, which cannot be found fault with.
No jurisdictional error found in the order
impugned.
4
Hence, the writ appeal stands dismissed. In
view of the dismissal of the writ appeal, all pending
I.As. stand dismissed.
Sd/JUDGE
Sd/JUDGE
kmv
BASAYYA S/O SHANKRAYYA PUJARI
CHANAGOUDA S/O BASAGOUDA PATIL
S. SUJATHA
JYOTI MULIMANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
