Dismissed

Shri Vithal S/O Annappa Khot v. Smt. Akkatai W/O Ganapati Khot

Karnataka HC14 Jun 2024WP/101963/2016

Case brief

AI extract

What is this about?

The High Court Bench, Dharwad, treated the writ petition filed under Articles 226 and 227 of the Constitution as an abuse of process. Finding the underlying suit dismissed for default and the petitioner unrepresented, the Court dismissed the petition as there was no condoneness of lapse and lack of prosecution.

What did the court decide?

The writ petition was dismissed.

Shri Vithal S/O Annappa Khot Vs Smt… — Civil Procedure and Limitation | Karnataka HC (2024)

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NC: 2024:KHC-D:8037 WP No. 101963 of 2016

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14^TH DAY OF JUNE, 2024 BEFORE

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THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.101963 OF 2016 (GM-CPC)

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BETWEEN:

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SHRI VITHAL S/O ANNAPPA KHOT AGE: 62 YEARS OCC: AGRICULTURE R/O KODANI, TQ: CHIKODI BELAGAVI DISTRICT

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…PETITIONER

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(BY PETITIONER- SRI. VITHAL S/O. ANNAPPA KHOT)

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AND:

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SMT. AKKATAI W/O GANAPATI KHOT AGE: 85 YEARS OCC: HOUSEHOLD R/O KODANI, TQ: CHIKODI DIST: BELAGAVI

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Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2024.06.21 12:01:40 +0530

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SOU ANJANA W/O MANOHAR ZIPARE AGE: 54 YEARS OCC: HOUSEHOLD R/O KHADOKLOT TQ: CHIKODI, DIST: BELAGAVI.

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…RESPONDENTS

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(BY SRI. DINESH M.PATIL, ADV. FOR R1 & R2) (R2 TREATED AS LR’S OF R1 v/o/d 25.07.2023)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE OF CERTIORARI QUASHING THE ORDER DATED:04.02.2016, PASSED ON IA.NO.8 IN O.S.NO.53/2004 ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE, CHIKODI PRODUCED AS PER ANNEXURE-A.

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NC: 2024:KHC-D:8037 WP No. 101963 of 2016

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The case on hand clearly reflects that it is a classic case of abuse of process.

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The defendants have filed an application under Section 10 of CPC., to stay the further proceedings pending in present suit filed in O.S.No.53/2004 on the ground that O.S.No.182/1976 is pending consideration.

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The learned Judge has rejected the application filed under Section 10 of CPC., on the ground that earlier suit filed in O.S.No.182/1976 is dismissed for default and the defendants though have filed a miscellaneous application, the suit is not at all restored.

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If the appellants’ suit filed in O.S.No.182/1976 is not restored, this Court is of the view that no interference is warranted and the ingredients of Section 10 of CPC., are not found in the present case on hand.

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3 - NC: 2024:KHC-D:8037 WP No. 101963 of 2016

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If the earlier suit is dismissed for non-

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prosecution, for all practical purpose the suit is not in existence.

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The learned counsel on record retired from the

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case by filing a memo dated 27.05.2024.

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The petitioner’s names are notified in the cause-

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list and no steps are taken to engage an advocate. It seems that the petitioners have lost interest in

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prosecuting the writ petition.

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The writ petition is accordingly dismissed.

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Sd/JUDGE

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NBM

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List No.: 1 Sl No.: 91

Shri Vithal S/O Annappa Khot v. Smt. Akkatai W/O Ganapati Khot

Case brief

What is this about?

What did the court decide?

Shri Vithal S/O Annappa Khot v. Smt. Akkatai W/O Ganapati Khot

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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