Held delay condoned and abatement set aside. Writ petition allowed to be withdrawn and disposed of on the record.
Delay in filing the abatement application condoned; statutory abatement set aside; writ petition allowed to be withdrawn and disposed of.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF JULY, 2024 BEFORE
THE HON'BLE MR JUSTICE KRISHNA S DIXIT WRIT PETITION NO. 585 OF 2020 (GM-CPC)
BETWEEN:
SRI. U.M.RAMESH RAO, AGED ABOUT 75 YEARS, S/O LATE U M KRISHNA RAO, CHARTERED ACCOUNTANT AND COFFEE GROWER, I G ROAD, CHIKMAGALUR-577 101. (SENIOR CITIZEN BENEFIT NOT CLAIMED) …PETITIONER
(BY SMT.RUPA FOR SRI. KIRAN V RON.,ADVOCATE)
AND:
Digitally signed by CHETAN B C Location: HIGH COURT OF KARNATAKA
SRI. S.DINAKAR RAO, AGED ABOUT 89 YEARS, S/O LATE S G SUNDAR RAO, REISIDNG AT NO.47, PRABHU STREET/CHURCH STREET CHIKMAGALURU-577 101.
…RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDERS DTD.29.11.2019 AND 20.12.2019 PASSED ON IA NO.08 AND 13 IN O.S.NO.55/2016 BY THE COURT OF THE SECOND ADDITIONAL SENIOR CIVIL JUDGE AND CJM CHICKMAGALURU ANENXURE-A.
THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The application in I.A.No.1/2022 is filed seeking to set aside abatement. The said application also seeks condonation of delay in moving the same. For the reasons stated in the application as supported by the affidavit, the request for condonation of delay is favoured and delay stands condoned. The order dated 13.01.2020 is recalled and statutory abatement is set at naught.
The request of the petitioner to withdraw the writ petition is accorded and petition is accordingly disposed off, there being no objection/impediment therefor.
Sd/JUDGE
cbc List No.: 1 Sl No.: 8
2 issues framed by the court
Whether to set aside statutory abatement in an original suit and condone delay in filing the application.
Whether to allow the withdrawal of the writ petition.
2 provisions across 1 enactments
Sri. U.M.Ramesh Rao
Sri. S.Dinakar Rao
Krishna S Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
