Discusses non-prosecution of a writ petition for quashing an execution sale notice, dismissed as petitioner absent for consecutive hearings.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF MARCH, 2022 BEFORE
THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY
WRIT PETITION No.34488 OF 2017 (GM-CPC)
BETWEEN:
Sri. Boriah, S/o. Late kunta Boraiah, Aged about 75 years, r/at No.78/2, 9th cross, 15th Main, J.C. Nagar, Kurubarahalli, Bangalore -86. .. Petitioner (By Sri. Sameer S.N., Advocate)
AND:
.. Respondents
(By Sri. Kamaleshwara Poojary, Advocate for R-1; R—2 - served)
W.P.No.34488/2017
2
This Writ Petition is filed under Article 227 of the Constitution of India, praying to issue a writ in the nature of certiorari quashing the order dated 19-07-2017 in Ex.No.3407/2016 permitting the decree holder to issue sale notice in Kannada Prabha Newspaper, passed by the 31st Additional City civil Judge at Bangalore (CCH-14); at Annexure A; etc.
This Writ Petition coming on for Preliminary Hearing in ‘B’ Group, through Physical Hearing/Video Conferencing Hearing, this day, the Court made the following:
O R D E R
None appear in this matter.
A perusal of the order sheet would go to show that, on
previous two consecutive dates of hearing, i.e. on 15-02-2022 and 04-03-2022 also, none appeared in this matter. As such, it can be inferred that the petitioner is not interested in proceeding with the matter. Accordingly, the writ petition stands dismissed for non-prosecution.
Sd/JUDGE
BMV*
Sri. Boriah, S/o. Late kunta Boraiah
Sri. Nagabyraiah, S/o. Late Boriah
Sri. Shivakumar, S/o. Boraiah
Dr. Justice H.B. Prabhakar Sastry
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
