The High Court of Karnataka dismissed a writ petition filed under Articles 226 and 227 of the Constitution of India for non-prosecution. The court noted that despite the death of respondent counsel and return of notice to respondent no.2, no steps were taken to regularize service, indicating lack of diligence.
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-D:11259 WP No. 61292 of 2011
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 8TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR. JUSTICE RAVI V.HOSMANI
WRIT PETITION NO.61292 OF 2011 (L-TER)
BETWEEN:
SHIVAJI S/O. DURGAPPA ANGADI, AGE: 44 YEARS, OCC: NIL, R/O: CHALLGERI, TAL: RANEBENNUR, DIST: HAVERI.
…PETITIONER
(BY SRI ANANT P. SAVADI, ADVOCATE-ABSENT)
AND:
Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka
…RESPONDENTS
(SRI D.L.LADKHAN, ADVOCATE FOR R2-ABSENT; R1 IS HELD SUFFICIENT)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE ANY ORDER OR DIRECTION OR WRIT IN THE NATURE OF WRIT CERTIORARI OR ANY OTHER APPROPRIATE ORDER QUASHING THE AWARD PASSED BY THE PRINCIPAL LABOUR COURT HUBBALLI IN KID NO.80/2007 DATED 22/11/2010 AT ANNEXURE-E AND ETC.,
NC: 2024:KHC-D:11259 WP No. 61292 of 2011
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
In view of death of counsel Sri N.M.Hansi, appearing for respondents, Court notice was issued. Notice in respect of respondent no.2 returned with postal shara ‘party dead’ and in respect of respondent no.1, service is held sufficient as per report of Principal Senior Civil Judge and J.M.F.C., Ranebennur.
Sd/(RAVI V.HOSMANI) JUDGE
CLK CT-ASC
List No.: 1 Sl No.: 2
2 issues framed by the court
Whether the writ petition should proceed notwithstanding the death of the counsel appearing for the respondents.
Whether dismissal of the writ petition for non-prosecution was appropriate given the failure to order fresh notice.
1 provisions across 1 enactments
SHIVAJI S/O. DURGAPPA ANGADI
D. A. RAVISHANKAR
ARUN MALPHANI
RAVI V.HOSMANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
