The High Court of Karnataka, Bengaluru, dismissed a writ petition under Article 227 of the Constitution for non-prosecution as the respondents had not taken steps despite adjournments over four times.
Petition dismissed for non-prosecution
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IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 5TH DAY OF JANUARY, 2021
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.37657 OF 2017(GM-CPC)
BETWEEN:
SMT PREMALATHA, W/O N M KRISHNAPPA, AGED ABOUT 65 YEARS, R/AT NO.35,6TH CROSS, 2ND MAIN ROAD,KHB COLONY, GANDHINAGAR,YELAHANKA, BANGALORE-560 064. (BY SRI. SUNIL KUMAR H, ADVOCATE)
...PETITIONER
AND:
3A. SMT SUMITHRA W/O LATE JAYARAM AGED 48 YEARS
3B. SRI J GIRISH S/O LATE JAYARAM, AGED 31 YEARS,
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3C. SRI J MANU, S/O LATE JAYARAM, AGED 28 YEARS,
RESPONDENTS 3(A) TO 3(C) ARE R/AT DODDABOMMASANDRA VILLAGE, VIDYARANYAPURA POST, BANGALORE-560 097.
4A. SMT RADHAMMA, W/O LATE VENUGOPAL, AGED ABOUT 38 YEARS,
4B. MR NAVEEN KUMAR, S/O LATE VENUGOPAL, AGED ABOUT 26 YEARS,
4C. SMT BABITHA D/O LATE VENUGOPAL AGED ABOUT 23 YEARS,
4D. MASTER SUBHASH S/O LATE VENUGOPAL AGED ABOUT 13 YEARS, SINCE HE IS MINOR REPRESENTED BY HIS MOTHER AS NATURAL GUARDIAN SMT RADHAMMA
RESPONDENTS NO.4(A) TO 4(C) ARE R/AT DODDABOMMASANDRA VILLAGE, VIDYARANYAPURA POST, BANGALORE-560 097.
RESPONDENTS 5 AND 6 ARE
R/AT DODDABOMMASANDRA VILLAGE, VIDYARANYAPURA POST, BANGALORE-560 097.
… RESPONDENTS
(BY SRI.V HARIDAS BHAT, ADVOCATE FOR R1)
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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER PASSED BY THE COURT OF I ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE CITY (CCH-2) IN I.A.NO.3/12 DATED 22.09.2012 IN F.D.P. NO.88/2011 IN RESPECT OF THE R-1 VIDE ANNEXURE-A.
THIS PETITION COMING ON FOR ORDERS THIS DAY THROUGH PHYSICAL HEARING, THE COURT MADE THE FOLLOWING:-
ORDER
This matter was adjourned for four times for taking steps in respect of respondent Nos. 2 to 6 and no steps are taken nor there is any plausible explanation for not taking the one. Therefore, petition is dismissed for non-
prosecution.
Sd/JUDGE
Bsv
1 issue framed by the court
Whether the writ petition should be dismissed for non-prosecution due to failure by respondents
Smt Premalatha
Sri Banudas K S S
Sri Srinivasa Murthy
Sri S Jayaram
Smt Sumithra
Sri J Girish
Krishna S. Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
