Petitioners challenged an order granting occupancy rights to respondent No. 3, who died during the pendency of the writ petition. The court dismissed the petition as abated since the legal representatives of the deceased respondent were not brought on record.
The writ petition stands dismissed as abated.
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. 6760 of 2013
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE S.G.PANDIT
WRIT PETITION NO. 6760 OF 2013 (LR-SEC 48A)
BETWEEN:
DEAD BY LRs
Digitally signed by SUCHITRA M J Location: HIGH COURT OF KARNATAKA
1(a). SMT. LEENA D'SOUZA, AGED 69 YEARS, D/O LATE FRANCIS XAVIER D'SOUZA, R/O. "JOANNA VILLA", DOOR NO. 2-5-280, NEAR AJ HOSPITAL, BIJAI POST, KUNTIKANA NH JUNCTION, MANGALURU - 575 004.
1(b). MRS. IRENE D'SOUZA, AGED 58 YEARS, D/O LATE FRANCIS XAVIER D'SOUZA, R/O. "JOANNA VILLA", DOOR NO. 2-5-280, NEAR AJ HOSPITAL, BIJAI POST, KUNTIKANA NH JUNCTION, MANGALURU - 575 004.
1(c). MRS. FLORINE D'SOUZA, AGED 56 YEARS, D/O LATE FRANCIS XAVIER D'SOUZA, R/O. "JOANNA VILLA",
WP No. 6760 of 2013
DOOR NO. 2-5-280, NEAR AJ HOSPITAL, BIJAI POST, KUNTIKANA NH JUNCTION, MANGALURU - 575 004.
…PETITIONERS
(BY SRI. PUNDIKAI ISHWARA BHAT, ADVOCATE FOR P1(A-C)
AND:
…RESPONDENTS
(BY SRI. V SESHU, HCGP FOR R1 & R2; V/O DATED 18.06.2019 PETITION AGAINST R3 IS ABATED)
THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DT.9.9.1980 PASSED BY THE R-2 / THE LAND TRIBUNAL, MANGALORE, IN LRT NO.2206/1976-77 AS PER ANNX-A AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
WP No. 6760 of 2013
ORDER
No representation for the petitioners.
Sd/JUDGE
SMJ
1 issue framed by the court
Whether the writ petition can be proceeded with when the legal representatives of the deceased respondent are not brought on record.
1 provisions across 1 enactments
JOANNA SERAPHINE D' SOUZA (DEAD) REPRESENTED BY LEENA D'SOUZA, IRENE D'SOUZA, FLORINE D'SOUZA
THE STATE OF KARNATAKA
THE LAND TRIBUNAL, MANGALORE
D' SILVA BAPTIST (DECEASED)
S.G. PANDIT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
