The High Court of Karnataka dismissed Writ Petition No.53829/2018 for non-compliance with earlier directions relating to amendment of cause title and for non-prosecution, in the absence of the petitioner.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF MARCH, 2022
BEFORE
THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY
WRIT PETITION No.53829 OF 2018 (GM-CPC)
BETWEEN:
SRI M NAGARAJAPPA S/O MAHADEVAPPA, AGED ABOUT 60 YEARS, JUNIOR ASSISTANT, K.S.R.T.C. DAVANAGERE DIVISION, DAVANAGERE-577001.
…..PETITIONER
(BY SRI. RUDRAPPA P., ADVOCATE)
AND:
W.P.No.53829/2018
2
JR. ASST. K.S.R.T.C. DAVANAGERE DIVISION, DAVANAGERE-577003.
….RESPONDENTS
( R1 – SERVED;
VIDE ORDER DATED 03.06.2021, SERVICE OF NOTICE ON R2 ACCEPTED;
VIDE ORDER DATED 28.02.2022, WRIT PETITION AGAINST R3 STANDS DISMISSED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER ON I.A. FILED BY THE PETITIONER U/S 151 OF CPC IN EXECUTION PETITION NO.153/2012 DATED 30.08.2018 (PRODUCED AT ANNEXURE-E) ON THE FILE OF ADDITIONAL CIVIL JUDGE AND JMFC, AT DAVANAGERE; AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
Counsel for the petitioner is not present.
dated 28.02.2022, had directed the petitioner to carry out amendment in the cause-title of the memorandum of writ petition. Since the petitioner did not carry out the said amendment, on 17.03.2022, this court by imposing cost of `500/- payable by the petitioner to the Legal Services Committee
W.P.No.53829/2018
3
of this Court, within three days from the said date, had granted him a week’s time as final opportunity to do the needful. Inspite of the same, the petitioner since has not done and not even appearing in this matter, the petition stands dismissed for noncompliance of the directions dated 28.02.2022 and 17.03.2022 and for non-prosecution.
Sd/JUDGE
RD
SRI M NAGARAJAPPA
VIJAYA BANK
SMT SUNANDAMMA
SRI I M SIDDAIAH
H.B. PRABHAKARA SASTRY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
