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Ramakka W/o Lata Dasappa (since Deceased By Her Lrs. Sri Sitaramaiah S/o Late Dasappa And Ors.) And D. Govindaraju S/o Late Dasappa v. The State Of Karnataka By Its Secy. Revenue Department And Ors

Ramakka W/o Lata Dasappa (since Deceased By Her Lrs. Sri Sitaramaiah S/o Late Dasappa And Ors.) And D. Govindaraju S/o Late Dasappa v. The State Of Karnataka By Its Secy. Revenue Department And Ors

(High Court Of Karnataka)

Miscellaneous Writ No. 456 Of 2009 In Writ Petition. No. 17699 Of 2003 | 02-02-2009

Mohan Shantanagoudar, J.

1. It is seen from the records that W.P. No. 17699/2003 was dismissed for non-prosecution on 20th November 2008. For recalling the said order, an application came to be filed by the petitioners, which also came to be dismissed for default on 13.1.09. Since none appeared for the petitioners on 13.1.09, Misc.W.456/2009 is filed for recalling the order dated: 13.1.2009. Today also, none appeared for the petitioners. In normal course, the Court would have dismissed Misc.W. No. 456/2009 also. However, this Court is of the opinion that because of the fault of the Advocate, the petitioners should not suffer. Hence, accepting the cause shown, the order dated.20.11.08 passed in W.P. No. 17699/03 as well as the order dated: 13.1.2009 are recalled. Consequently, Misc.W. No. 456/2009 is allowed.

2. Post W.P. No. 17699/03 before the Court as per the roaster for Final hearing.

Advocate List
  • For Petitioner : Chandrashekar P. Patil, Adv.
  • For Respondent : Sangamesh G. Patil, Adv.
Bench
  • HON'BLE JUSTICE MOHAN SHANTANAGOUDAR, J.
Eq Citations
  • LQ/KarHC/2009/99
Head Note

Constitution of India — Arts. 226 and 136 — Misc W for recalling order of dismissal of writ petition — Dismissal of Misc W for default — Cause shown by Advocate — Order of dismissal of writ petition recalled — Cause shown by Advocate — Civil Procedure Code, 1908 — Or. 41 R. 30 and S. 151