The High Court of Karnataka dismissed the writ petition for non-prosecution as the petitioner had not engaged an advocate despite having provided a vakalath in 2017.
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.
NC: 2024:KHC:23817 WP No. 2787 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 2787 OF 2017 (GM-FC)
BETWEEN:
DR.SHARATH S.J., S/O SRI S.R.JAIPRAKASH AGED ABOUT 37 YEARS, R/AT NO.711, 3RD MAIN ROAD O.M.B.R. LAYOUT, BANASWADI BENGALURU-560 043
ALSO SERVED AT KINGCROFT, LONGSHTON BRISTOL, UK BS41, 9EE
…PETITIONER
(BY DR.SHARATH S.J., PARTY-IN-PERSON)
AND:
Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA
SMT.SOUMYASHREE AGED ABOUT 32 YEARS, D/O KIRAGANDUR MANJUNATH R/AT NO.5, TARINI 1ST CROSS, 1ST MAIN, SAPTHAGIRI EXTENSION, NAGARBHAVI 9TH BLOCK 2ND STAGE, NEAR HANUMAGIRI TEMPLE VINAYAKA LAYOUT BENGALURU-560 072
…RESPONDENT
(BY SUNIL AND NITHIN ASSOCIATES, ADVOCATE)
THIS W.P. FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED.15.12.2016 PASSED ON I.A.NO.IV, PASSED IN O.S.NO.297/2016 PENDING ON THE FILE OF THE PRINCIPAL JUDGE,
FAMILY COURT, BENGALURU VIDE ANNEXURE-A AND CONSEQUENTLY ALLOW THE I.A.NO.IV FILED THEREIN PRODUCED VIDE ANNEXURE-C.
THIS PETITION, COMING ON FOR ‘DISMISSAL’, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
On the last occasion, learned counsel for the petitioner
had submitted that the NOC Vakalath was given in the year 2017 itself. Till now, petitioner has not taken any steps to engage an advocate.
Accordingly, the writ petition is dismissed for
non-prosecution.
SD/JUDGE
MEG List No.: 1 Sl No.: 5
1 issue framed by the court
Whether the writ petition should be dismissed for non-prosecution due to failure to engage an advocate?
1 provisions across 1 enactments
Dr. Sharath S.J.
Smt. Soumyashree
Lalitha Kanneganti
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
