Writ petition seeking action against the Senior Civil Judge and JMFC Nagamangala was dismissed for non-prosecution after the petitioner's counsel was repeatedly absent and process fees were not paid.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MRS JUSTICE M G UMA
WRIT PETITION NO. 15073 OF 2019 (GM-RES)
BETWEEN:
Digitally signed by NANDINI B G Location: high court of karnataka
SRI. GUNAVENKATARAMANE GOWDA S/O GOVINDEGOWDA AGED ABOUT 48 YEARS MANASA EDUCATION TRUST ADDIHALLI HAND POST BINDIGANAVILE HOBLI NAGAMANGALA TALUK - 571 418 (PETITIONER IS IN JC)
(BY SRI. SURENDRA KUMAR .N., ADVOCATE (AB))
…PETITIONER
AND:
SRI N.S. VIJAYKUMAR S/O SHIVALIGE GOWDA AGED ABOUT 38 YEARS BINDIGANAVILE HOBLI NAGAMANGALA TALUK - 571 418
…RESPONDENT
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 CONSTITUTION OF INDIA READ WITH SECTION 482 CODE OF CRIMINAL PROCEDURE PRAYING TO TAKE NOTE OF THE CONDUCT OF THE LEARNED MAGISTRATE AND ISSUE WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR DIRECTION TO INITIATE APPROPRIATE ACTION AGAINST THE SENIOR CIVIL JUDGE AND JMFC NAGAMANGALA TO ACT WITHIN FOUR CORNERS OF LAW TO MOULD THE RELIEF TO THE PARTIES.
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE M G UMA
ORAL ORDER
Learned counsel for the petitioner is absent. No
representation even when the matter is passed over twice and again called at 3.30 p.m.
"The learned counsel for petitioner is absent. No representation. P.F for issuance of notice is not paid, even the hand summons ordered by this Court against the respondent is not taken. It appears the petitioner is not interested in prosecuting the petition. However, final opportunity is afforded.
List on 19.08.2024."
"Learned counsel for the petitioner prays for time to furnish PF for issuance of notice to the respondent.
Learned counsel for the petitioner submits that hand summons is already served on the
respondent. However, payment of PF for issuance of notice is pending.
If PF is paid, issue notice to the respondent.
List this mater after service of notice."
has been produced to show that summons is served on the respondent.
Hence, the petition is dismissed for non prosecution.
Sd/(M G UMA) JUDGE
*bgn/CT:VS List No.: 1 Sl No.: 14
2 provisions across 2 enactments
Sri Gunavenkataramane Gowda s/o Govindegowda (Manasa Education Trust)
Sri N.S. Vijaykumar
M G Uma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
