The High Court of Karnataka considered a writ petition wherein Petitioner No. 2 died. Finding that steps were not taken by legal representatives to come on record, the Court held the petition abated and dismissed it accordingly.
Disposal of the writ petition filed by Petitioner No. 2 as abated and the petition was dismissed accordingly.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 12191 OF 2019 (GM-CPC)
BETWEEN:
Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA
RESIDING AT 10TH CROSS, 3RD MAIN, NEAR VIDARTHI BHAVAN K T J NAGAR, DAVANAGERE -577001.
(BY SRI. GIRISH M K., ADVOCATE)
…PETITIONERS
AND:
2(b) SMT RASHMI D/O NEELAKANTAPPA AGED ABOUT 38 YEARS,
2(c) SMT GEETHA D/O NEELAKANTAPPA AGED ABOUT 36 YEARS,
SL NOS.2(A) TO 2(D) ARE RESIDING AT HOYSALESHWARA COLLEGE, MARUTHINAGARA ARASIKERE TOWN PIN-573103
W/O RUDRAPPA AGED ABOUT 67 YEARS, RESIDING AT KELLANGERE VILLAGE KASABA HOBLI ARASIKERE TALUK PIN-573103
AGED MAJOR KOBBARI DODDAIHNA PALYA KOBBARI DODDAIHNA PALYA TIPTUR TALUK TUMKUR DISTRICT PIN-573103
…RESPONDENTS
(BY SRI G. K. SHIVAPRAKASH, ADVOCATE FOR R1; NOTICE TO R2(A) TO R2(D) IS SERVED; NOTICE TO R3 IS SERVED;
VIDE ORDER DATED 21.11.2022, NOTICE TO R4 IS DISPENSED WITH)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 18.12.2018 PASSSED ON I.A. FILED UNCDER SECTION 151 OF CPC AND 38 & 40 OF KARNATAKA STAMP ACT IN O.S.NO.201/2010 BY THE II ADDITINAL CIVIL JUDGE, ARASIKERE VIDE ANNX-F AND CONSEQUENTLY DISMISS THE APPLICATION FILED BY THE 1st DEFENDANT UNDER SECTION 151 OF CPC AND 38 & 40 OF KARNATAKA STAMP ACT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE R. NATARAJ
ORAL ORDER
The death of petitioner No.2 was reported to this Court on 09.07.2024, steps are not taken by the legal representatives to come on record. Hence, this petition filed by the petitioner No.2 stands abated.
NC: 2024:KHC:47671 WP No. 12191 of 2019
abated .
Sd/-
(R. NATARAJ)
JUDGE
THM List No.: 2 Sl No.: 8
2 issues framed by the court
Whether the writ petition filed by Petitioner No. 2 stands abated due to the death of the petitioner and the failure of legal representatives to come on record.
What order is passed regarding the disposal of the abated writ petition.
SMT. K.S. CHENNAMMA
SRI K S KALAPPA
SRI K.S. MAHARUDRAPPA
NEELAKANTAPPA
SMT NIRMALA
SMT RASHMI
R. NATARAJ
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
