Sri S Shankarappa v. M/S Indian Telephone Industries
Case brief
What is this about?
High Court abated the writ petition filed under Article 226 as the petitioner died and no application to substitute legal representatives was filed within five and a half years despite listing in 2018.
What the court decided
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NC: 2023:KHC:38028 WP No. 45633 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
WRIT PETITION NO.45633 OF 2015 (L-RES)
BETWEEN:
SRI. S.SHANKARAPPA S/O LATE G.SURYANARAYANA RAO, AGED ABOUT 75 YEARS, RESIDING AT NO.428, 5TH CROSS, SARASWATHINAGAR, VIJAYANAGAR POST, BANGALORE - 560 040.
…PETITIONER
(BY SRI. NEERAJ PREM., ADVOCATE FOR SRI. A.J.SRINIVASAN., ADVOCATE)
AND:
Issues for consideration
2 issues framed by the court
Whether a writ petition abates when no application to bring legal representatives on record is filed within a reasonable time after the death of the petitioner.
Whether a delay of five and a half years without filing necessary procedures justifies abatement.
Parties & counsel
- petitioner
SRI. S.SHANKARAPPA S/O LATE G.SURYANARAYANA RAO
- respondent
M/S INDIAN TELEPHONE INDUSTRIES
Coram
JYOTI MULIMANI
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · October
- Registered
- Case no.
- WP/45633/2015
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