The Writ Appeal filed by the Bangalore Development Authority was disposed of as abated due to the death of the respondent (land owner) without legal representatives being brought on record. The High Court ordered the appeal to stand abated but permitted steps for its restoration.
The appeal disposed of as abated by operation of law.
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: 2024:KHC:26014-DB WA No. 2452 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF JULY, 2024
PRESENT
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
AND
THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR WRIT APPEAL NO. 2452 OF 2014 (LA-BDA)
BETWEEN:
T. CHOWDAIAH ROAD, KUMARA PARK WEST EXTENSION, BANGALORE-560 020, REPRESENTED BY ITS COMMISSIONER.
…APPELLANTS
Digitally signed by SHAKAMBARI Location: HIGH COURT OF KARNATAKA
(BY SRI. B.S. SACHIN, ADVOCATE)
AND:
…RESPONDENTS
(BY SRI. P.V. CHANDRASHEKAR, ADVOCATE FOR R2; SRI. SPOORTHI HEGDE, LEARNED HIGH COURT GOVERNMENT PLEADER FOR R3)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION NO.37316-317/2012 DATED 11/7/14.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
KRISHNA S DIXIT J., DELIVERED THE FOLLOWING:
JUDGMENT
The land owner namely, Respondent No.1 having died way back in the year 2017 and no legal representatives having been brought on record, the Appeal
is disposed of as having abated by operation of law.
NC: 2024:KHC:26014-DB WA No. 2452 of 2014
However, this order shall not come in the way of taking appropriate steps for restoration of the appeal, if need
arises.
Sd/JUDGE
Sd/JUDGE
YN List No.: 1 Sl No.: 6
BANGALORE DEVELOPMENT AUTHORITY
SRI. MUDDURAMAIAH
THE STATE OF KARNATAKA
KRISHNA S DIXIT
RAMACHANDRA D. HUDDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
