The High Court of Karnataka dismissed a writ petition for non-prosecution as the petitioners failed to pay the process fee and furnish the correct address.
Petition dismissed for non-prosecution against Respondents 2 and 3; Petition against Respondent 1 did not survive as Respondent was dead.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 3154 OF 2021 (GM-CPC)
BETWEEN:
BOTH PETITIONERS RESIDING AT NO.316, CHIKGOLLARAHATTI KODIGEHALLI ROAD, YASHWANTHAPURA HOBLI BANGALORE NORTH-560 091.
…PETITIONERS
Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA
(BY SRI. BRINDA A.S., ADVOCATE (ABSENT)
AND:
RESPONDENT 1 TO 3 ARE RESIDING AT
CHIKKAGOLLARAHATTI OPP. RAJARAJESHWARI KALYANA MANTAP, MAGADI MAIN ROAD, DASANAPURA HOBLI, BANGALORE NORTH TALUK - 560 091.
…RESPONDENTS
(BY SRI. G.C. SHANMUKHA, ADVOCATE FOR RESPONDENT NO.4; VIDE ORDER DATED 21.03.2024, RESPONDENT NO.1 IS DELETED)
THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 27.01.2021 ON I.A.NO.19 IN O.S.NO.203/2008 PASSED BY THE ADDL. CIVIL JUDGE AND JMFC COURT, MAGADI VIDE ANNEXURE-A.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE R. NATARAJ
ORAL ORDER
There is no representation for the petitioner.
clear that if the process fee is not paid and correct address is not furnished, the petition shall stand dismissed against respondent Nos.2 and 3.
NC: 2024:KHC:44441 WP No. 3154 of 2021
made to furnish correct address and as process fee is not paid, the petition against respondent Nos.2 and 3 is dismissed. Since respondent No.1 is already dead, the petition does not survive for consideration.
prosecution.
Sd/(R. NATARAJ) JUDGE
HJ
List No.: 2 Sl No.: 1
1 issue framed by the court
Whether the writ petition should be dismissed for lack of prosecution and failure to pay process fee.
SRI. C.L. NARAYANA
SRI. C.L. DIVYA
SRI. ANJINAPPA
SRI. C.A. LAKSHMINARASIMHAIAH
SMT. BHAGYAMMA
SRI. P.V. RAJENDRAPPA
R. NATARAJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
