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K S Mahesh Vs State of Karnataka — Property and Title | Karnataka HC (2024)

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Karnataka HC
2024
K S Mahesh Vs State of KarnatakaK S Mahesh v. State of Karnataka

Dismissed

K S Mahesh v. State of Karnataka

Karnataka HC6 Jun 2024WP/14343/2017

Case brief

AI extract

What is this about?

Writ petition seeking regularization of schedule and restraint order dismissed as petition was dismissed for non-prosecution.

What the court decided

AI extract

A

1 - NC: 2024:KHC:19529 WP No. 14343 of 2017

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 6^TH DAY OF JUNE, 2024

BEFORE

THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 14343 OF 2017 (LB-RES)

BETWEEN:

K S MAHESH

S/O LATE K M SHIVAPPA AGED 58 YEARS R/AT SINDUVALLI GRAMA NANJANAGUDU TALUK

…PETITIONER

(BY SRI. N SURESHA.,ADVOCATE [ABSENT])

AND:

Digitally signed by HEMALATHA A Location: High Court of Karnataka

Statutes considered

1 provisions across 1 enactments

AI extract

Constitution of India226

Parties & counsel

AI extract

petitioner
K S MAHESH
respondent
STATE OF KARNATAKA
respondent
MYSURU MAHANAGARA PALIKE
respondent
THE DISTRICT DEPUTY COMMISSIONER

Coram

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 6 Jun 2024 · June
Registered: 1 Apr 2017
Case no.: WP/14343/2017

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Cite this judgement

K S Mahesh v. State of Karnataka, WP/14343/2017 (KA), decided on 6 June 2024.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Constitution of India226

View all statutes

Bench / Coram

H.T. NARENDRA PRASAD

Parties & counsel

Outcome

Dismissed

Detailed headnote1 paragraphs

The writ petition was dismissed for non-prosecution as the petitioner failed to appear and prosecute the matter diligently when called out.

A compact analysis

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.

STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT REVENUE DEPARTMENT VIDHANA SOUDHA BANGALURU-560 001.

MYSURU MAHANAGARA PALIKE REPRESENTED BY ITS COMMISSIONER NEW SAYYAJIRAO ROAD DEVARAJA MOHALLA MYSURU-570 001.

THE DISTRICT DEPUTY COMMISSIONER GOVT OFFICE BUILDING NO.12, NEAR MAHARANI COLLEGE CHAMARAJA MOHALLA, MYSURU-570005.

…RESPONDENTS

(BY SMT. SUKANYA BALIGA, AGA FOR R1 & R3: SMT.. M P GEETHA DEVI FOR R2 .,ADVOCATE)

2 - NC: 2024:KHC:19529 WP No. 14343 of 2017

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO REGULARIZE THE PETITION SCHEDULE AS PER ANNEXUREG DATED:10.12.2016 IN SO FAR PETITIONER IS CONCERNED AND GRANT AN INTERIM ORDER TO RESTRAIN THE R-2 FROM FENCING/ CONSTRUCTING COMPOUND WALL AND THE RESPONDENTS FROM DISTURBING THE POSSESSION OF THE PETITIONER'S SCHEDULE PROPERTY WHICH IS IN POSSESSION OF PETITIONER.

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

ORDER

On 23.05.2023, when the matter was called out, there was no representation for either of the parties except learned AGA and hence, the matter was ordered to be listed on 30.05.2023. On 30.05.2023, there was no representation for the petitioner and hence the matter was adjourned. On 04.06.2024, when the matter was called out in both sessions, except learned AGA, none appeared for the parties and hence, the matter was listed on 05.06.2024 at the top of the list for ‘orders’. Again on 05.06.2024, when the matter was called out, none

3 - NC: 2024:KHC:19529 WP No. 14343 of 2017

appeared for petitioner and respondent No.2, and hence the matter was ordered to be listed on 06.06.2024 at the

top of the list under the caption ‘for dismissal’.

Even today when the matter was called out, none appeared for the petitioner. It appears that the petitioner is not diligent in prosecuting the case. Hence, the petition is dismissed for non-prosecution.

Sd/JUDGE

DM List No.: 1 Sl No.: 1

AI extract

H.T. NARENDRA PRASAD

CNR

KAHC010032872017

Topic

Property and Title

Bench

H.t. Narendra Prasad

Disposal

DISMISSED

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