Petitioner sought to quash an order abating an appeal due to the petitioner's death. The Court dismissed the writ petition on the ground that the sole petitioner had expired.
Pizzae petition dismissed as the sole petitioner had expired on 25.07.2021, abating the appeal.
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.
NC: 2023:KHC:29486 WP No.57855 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2023 BEFORE
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.57855 OF 2018 (GM-CPC)
BETWEEN:
Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA
NOW RESIDENT OF MUDAGANDURU VILLAGE DUDDA HOBLI
MANDYA TALUK AND DISTRICT-571405.
…PETITIONER
(BY SRI. SHARATH S. GOWDA, ADV.,)
AND:
NC: 2023:KHC:29486 WP No.57855 of 2018
RESPONDENT NO.4 & 5 ARE MINORS REP. BY THEIR GUARDIAN SISTER SHWETHA M.
AS RESPONDENT NO.6 BEING MOTHER OF RESPONDENT NO.4 & 5 IS NATURAL GUARDIAN ACCORDINGLY RESPONDENT NO.4 & 5 ARE REPRESENTED BY RESPONDENT NO.6 IN THIS PETITION.
ALL THE RESPONDENTS ARE RESIDENTS OF MUDAGANDURU VILLAGE DUDDA BHOLI MANDYA TALUK AND DISTRICT-571405
…RESPONDENTS
(BY SRI. HARSHA KUMAR GOWDA H.R. ADV., FOR R1 TO R3 R4 & R5 MINORS R6 SERVED & UNREPRESENTED)
THIS W.P. IS FILED UNDER ARTICLE 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DTD. 03.10.2018 PASSED IN I.A.NO. 1 OF 2017 IN RA 77/2017 BY THE COURT OF PRINCIPAL SENIOR CIVIL JUDGE AND CJM, MANDYA VIDE ANNX-A, CONSEQUENTLY DIRECT THE LOWER APPELLATE COURT TO REGISTER THE APPEAL AND ADJUDICATE THE SAME ON MERITS. GRANT AN INTERIM ORDER TO STAY THE OPERATION OF JUDGMENT AND DECREE DTD. 09.07.2014, PASSED IN O.S. NO. 723/2012 ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC AT MANDYA (ANNX-C).
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
NC: 2023:KHC:29486 WP No.57855 of 2018
ORDER
Learned counsel for the respondent Nos.1 to 3 submits
that the sole petitioner has expired on 25.07.2021.
Hence, the appeal is abated and is accordingly dismissed.
Sd/JUDGE
RV
2 provisions across 1 enactments
SRI. SINGAIAH S/O DASA @ KONEYA
SHWETHA .M D/O LATE MARISINGAIAH
SHRUTHI M D/O LATE MARISINGAIAH
ASHA M D/O LATE MARISINGAIAH
ASHWINI M D/O LATE MARISINGAIAH
ASHWITHA M D/O LATE MARISINGAIAH
VIJAYKUMAR A. PATIL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
