High Court dismissed a writ petition for non-prosecution as the absent petitioner failed to appear after two notices, resulting in a 'No such person' postal return.
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NC: 2024:KHC:25790 WP No. 1153 of 2012
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 1153 OF 2012 (L-TER)
BETWEEN:
YOGESHA S/O MAHALINGESWAMY AGED ABOUT 33 YEARS, R/O D NO.2292, CH-27, 11TH CROSS (CHIKKA GARAD), ASHOKAPURAM, MYSORE.
…PETITIONER
(PETITIONER-ABSENT)
AND:
M/S. MAHARAJA RESIDENTIAL MUSEUM, MYSORE PALACE, MYSORE.
…RESPONDENT
(BY SRI. VYSHAK MANIKANTA.S., ADVOCATE SRI. NATARAJA BALLAL., ADVOCATE)
Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.
THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The name of the petitioner Sri.Yogesha is called out
thrice in the open Court, there is no representation either personally or through video conferencing.
NC: 2024:KHC:25790 WP No. 1153 of 2012
Sri.Vyshak Manikanta.S., learned counsel on behalf of Sri.Nataraja Ballal., for the respondent has appeared in person.
As could be seen from the Writ papers, the petitioner was represented by counsel Sri.M.C.Pyati. In view of demise of learned counsel Sri.M.C.Pyati., this Court directed to issue Court notice to the petitioner returnable by 04.04.2023. The Court notice is issued to the petitioner, however the same has been returned with postal shara "No such person". Taking note of the same this Court vide order dated:27.02.2024 has ordered to post the matter week after next.
As already noted above, the name of the petitioner Sri.Yogesha is called out thrice in the open Court, there is no representation either personally or through video conferencing. It appears that the petitioner is not interested in prosecuting the petition. Hence, the Writ Petition is dismissed for non-prosecution.
Sd/JUDGE
MRP List No.: 1 Sl No.: 10
Yogesh, S/O Mahalingeswamy
M/s. Maharaja Residential Museum
Jyoti Mulimani
As recorded by the court registry
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