The High Court of Karnataka abated two connected writ petitions filed against the Tribunal and a senior citizen respondent, dismissing them in their entirety because the respondent had died and no substitution steps had been taken.
Writ petitions abated in their entirety due to death of respondent without substitution.
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.
WP No. 14330 of 2018 C/W WP No. 19914 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI WRIT PETITION NO. 14330 OF 2018 (GM-RES) C/W WRIT PETITION NO. 19914 OF 2018 (GM-RES)
IN WP NO. 14330/2018
BETWEEN:
SRI. CLEMENT G HEBICK, S/O LATE G VASANTH KUMAR, AGED ABOUT 44 YEARS, R/O. NO.4, THIMMAIAH LAYOUT, NAGASHETTIHALLI, BENGALURU NORTH - 560 094.
…PETITIONER
(BY SRI VASANTH KUMAR K. M., ADVOCATE)
AND:
…RESPONDENTS
(BY SRI V SHIVAREDDY, HCGP FO R1 SRI V SANJAY KRISHNA, ADVOCATE FOR R2)
WP No. 14330 of 2018 C/W WP No. 19914 of 2018
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 5.3.2018 MADE IN CASE NO.MSC/CR/58/2017-18 PASSED BY THE TRIBUNAL FOR MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ASSISTANT COMMISSIONER, BENGALURU NORTH SUB-DIVISION AT BENGALURU, BEING ARBITRARY, ERRONEOUS AND OPPOSED TO LAW EQUITY AND JUSTICE. (ANNEXURE-S) AND ETC.,
IN WP NO. 19914/2018
BETWEEN:
SRI. R NAVEEN KUMAR, S/O LATE C D RAJU, AGED ABOUT 43 YEARS, R/O. NO.1728, NEAR C S I CHURCH, 4TH CROSS, CHRISTIAN COLONY, MANDYA - 571 401.
…PETITIONER
(BY SRI N R GIRISHA, ADVOCATE)
AND:
WP No. 14330 of 2018 C/W WP No. 19914 of 2018
AGED ABOUT 44 YEARS, R/AT NO.4, THIMMAIAH LAYOUT, NAGASHETTAHALLI. NORTH BENGALURU - 560 094.
…RESPONDENTS
(BY SRI V SANJAY KRISHNA, ADVOCATE FOR R2; SRI VASANTH KUMAR K M, ADVOCATE FOR R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 05.03.2018 MADE IN CASE NO.MSC/CR/58/2017-18 PASSED BY THE TRIBUNAL FOR MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ASSISTANT COMMISSIONER, BENGALURU NORTH SUB-DIVISION AT BENGALURU, BEING ARBITRARY, ERRONEOUS AND OPPOSED TO LAW VIDE ANNX-C AND ETC.,
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
It is submitted that respondent no.2 died on 07.04.2021. Till date, steps are not taken.
Since main relief in these writ petitions is against respondent no.2, writ petitions would abate in its entirety.
Sd/JUDGE
MKM
1 provisions across 1 enactments
Sri. Clement G Heblick
Sri. R Naveen Kumar
Smt. B Jeevaratna
Tribunal of Maintenance & Welfare of Parents and Senior Citizens, Assistant Commissioner
Ravi V Hosmani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
