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Nagarathnamma Vs Rajammanni — Writ and Judicial Review | Karnataka HC (2023)

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Karnataka HC
2023
Nagarathnamma Vs RajammanniNagarathnamma v. Rajammanni

Dismissed

Nagarathnamma v. Rajammanni

Karnataka HC7 Nov 2023WP/10838/2018

Case brief

AI extract

What is this about?

Petitioner failed to appear for the hearing of the writ petition under Article 226 of the Constitution. The court dismissed the petition for default.

What the court decided

AI extract

A

1 - NC: 2023:KHC:39738 WP No. 10838 of 2018

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7^TH DAY OF NOVEMBER, 2023 BEFORE

THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 10838 OF 2018 (GM-CPC)

BETWEEN:

NAGARATHNAMMA W/O NARARAJASHETTY, AGED ABOUT 54 YEARS R/AT SY.NO.603/3, UDIGALA VILLAGE, HARAVE HOBLI, CHAMARAJANAGAR TALUK AND DISTRICT-571303.

…PETITIONER

(BY SRI. SANATH KUMARA K M.,ADVOCATE (ABSENT)) AND:

Digitally signed by NARASIMHA MURTHY VANAMALA Location: HIGH COURT OF KARNATAKA

RAJAMMANNI W/O MAHADEVASHETTY, AGED ABOUT 53 YEARS R/AT MADAPURA VILLAGE, KASABA HOBLI, CHAMARAJANAGAR TALUK AND DISTRICT-571303.

…RESPONDENT

(BY SRI.MAHESHA., ADVOCATE)

Parties & counsel

AI extract

petitioner
Nagarathnamma W/o Nararajashetty
respondent
Rajammanni W/o Mahadevashetty

Coram

AI extract

B M Shyam Prasad

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 7 Nov 2023 · November
Registered: 7 Mar 2018
Case no.: WP/10838/2018

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Cite this judgement

Nagarathnamma v. Rajammanni, WP/10838/2018 (KA), decided on 7 November 2023.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

B M Shyam Prasad

Parties & counsel

Outcome

Dismissed

Detailed headnote1 paragraphs

Where a writ petition is filed challenging judicial orders but the petitioner fails to appear at the hearing, the court is justified in dismissing the petition for default under Order VIII Rule 3 of CPC principles applied by analogy to writ petitions.

A compact analysis

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.

THIS W.P. IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO-SET ASIDE THE ORDER DATED 28.02.2018 PASSED M.A.NO.32/2015

2 -

NC: 2023:KHC:39738 WP No. 10838 of 2018

ON THE FILE OF THE ADDL. SR.CIVIL JUDGE AND JMFC AT CHAMARAJANAGARA VIDE ANNX-Q; SETASIDE THE ORDER DATED 05.09.2015 PASSED ON I.A.NO.1 IN O.S.NO.125/2015 ON THE FILE OF THE ADDL. CIVIL JUDGE AND JMFC AT CHAMARAJANAGAR VIDE ANNX-N.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

It is seen from the earlier proceedings that none appeared for the petitioner, and none appears for the petitioner even today. It is obvious that the concerned is not interested in prosecuting the petition and therefore the petition stands dismissed for default.

Sd/JUDGE

NV

CNR

KAHC010028742018

Topic

Writ and Judicial Review

Bench

B M Shyam Prasad

Disposal

Dismissed for Non-Prosecution

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