The Hon'ble High Court of Karnataka dismissed the writ appeal filed by the de facto legal representatives of a deceased person, as it was rendered infructuous due to the withdrawal of the appeal by the appellants' counsel.
Appeal dismissed as withdrawn; pending interim applications dismissed as infructuous.
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:28060-DB WA No. 492 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF JULY, 2024
PRESENT
THE HON'BLE MR JUSTICE V KAMESWAR RAO
AND
THE HON'BLE MR JUSTICE C M JOSHI WRIT APPEAL NO. 492 OF 2022 (KLR-RES)
BETWEEN:
SMT. LAKSHMAMMA, SINCE DECEASED BY HER LRS.
Digitally signed by NANDINI R Location: High Court of Karnataka
R/A BHEEMANAKUPPE VILLAGE, KENGERI HOBLI, BENGALURU SOUTH, BENGALURU-560 060.
…APPELLANTS
(BY SMT. G R VEDAVENKAMAMBA, ADVOCATE FOR SRI V B SHIVA KUMAR, ADVOCATE)
AND:
NC: 2024:KHC:28060-DB WA No. 492 of 2022
BENGALURU-560 095. BY ITS REVENUE INSPECTOR.
…RESPONDENTS
(BY SRI BHOJEGOUDA T KOLLER, AGA FOR R-1 TO 4; SMT. LATHA S.S, ADVOCATE FOR SRI MURUGESH V CHARATI, ADVOCATE FOR R-5;
MS. SAMHITHA, ADVOCATE FOR DR. NANDA KISHORE, ADVOCATE FOR R-6 TO 8)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 11.01.2022 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HONBLE COURT IN WP No-21900/2021 (KLR-RES).
THIS APPEAL COMING ON FOR ORDERS THIS DAY, V KAMESWAR RAO J., DELIVERED THE FOLLOWING:
NC: 2024:KHC:28060-DB WA No. 492 of 2022
JUDGMENT
Learned counsel for the appellants has filed a memo dated 19.07.2024 for withdrawal of the appeal, which reads as under:
"The above Writ Appeal is preferred being aggrieved by the order of the Hon'ble Single Judge dated 11.1.2022 in W.P No. 21900/2021 (KLR-RES). The Hon'ble Single Judge in Para 8 of the order mentioned that "the reference Court shall not be swayed away by revenue entries or subsequent orders passed by the revenue authorities while deciding the rights of the parties in accordance with law." The reference court, the Hon'ble City Civil Judge, Bengaluru City in the proceedings on reference has disposed of the reference orders. Accordingly, reference is answered in favour of the Appellants/Petitioners. The matter is now pending before this Hon'ble on a Miscellaneous First Appeal filed by the Respondent Nos. 6, 7, 8. The matter is pending.
In the circumstances, the Writ Appeal is rendered infructuous. Appellant therefore pray for withdrawal of the above appeal as it has been rendered infructuous."
2. Learned counsel for the appellants reiterates
the prayer made in the memo.
withdrawal. If that be so, the appeal is dismissed as withdrawn.
In view of dismissal of the main appeal, pending IAs
do not survive for consideration and hence, the same are dismissed as infructuous.
Sd/JUDGE
Sd/JUDGE
NR/-
List No.: 1 Sl No.: 12
LAKSHMAMMA SINCE DECEASED BY HER LRS.
THE STATE OF KARNATAKA
THE DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT
THE ASSISTANT COMMISSIONER, SOUTH SUB-DIVISION
THE DEPUTY TAHSHILDAR, BENGALURU SOUTH
BENGALURU DEVELOPMENT AUTHORITY
V KAMESWAR RAO
C M JOSHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
