Karnataka High Court
Sri M M Ramaswamy S/O Late Muniyappa vs The Assistant Commissioner on 4 June, 2013
Author: K.Bhakthavatsala
Bench: K.Bhakthavatsala
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 4th DAY OF JUNE 2013
BEFORE
THE HON'BLE DR. JUSTICE K.BHAKTHAVATSALA
WRIT PETITION NO.38057 OF 2012 (GM-CPC)
BETWEEN:
SRI M M RAMASWAMY
S/O LATE MUNIYAPPA
AGED 89 YEARS
PRESENTLY R/AT COLLEGE ROAD,
M V EXTENSION
HOSKOTE TOWN - 562 114
BANGALORE RURAL DISTRICT ...PETITIONER
(BY SRI. S NARENDRA, GOVT. ADV. FOR R1 AND R2)
AND:
1. THE ASSISTANT COMMISSIONER
DODDABALLAPUR SUB DIVISON
BANGALORE - 560 001
2. THE TAHSILDAR
HOSKOTE TALUK
HOSKOTE
BANGALORE RURAL DISTRICT - 562 114
3. SRI M VENKATESH
AGED 56 YEARS
S/O LATE MUNIYAPPA
R/AT BYALAHALLI VILLAGE,
ANUGONDANAHALLI HOBLI
HOSKOTE TALUK - 572 114
4. SRI ANJANAPPA
AGED 60 YEARS
S/O LATE DODDAPPA
R/AO RAMASWAMYPALYA
NAGANAYAKANAHALLI KOTE DAKHALE
2
SAMETHANAHALLI POST,
HOSKOTE TALUK
BANGALORE RURAL DISTRICT - 562 114
5. SRI N B RAMAIAH
SINCE DEAD BY HIS LRS
5(a) SMT GOWRAMMA
MAJOR BY AGE
W/O LATE N B RAMAIAH
5(b) SRI THIMME GOWDA
MAJOR BY AGE
S/O LATE N B RAMAIAH
5(c) SRI N R GOPAL
MAJOR BY AGE
S/O LATE N B RAMAIAH
5(d) SRI KRISHNAPPA
MAJOR BY AGE
S/O LATE N B RAMAIAH
5(e) SRI VENKATARAMA
MAJOR BY AGE
S/O LATE N B RAMAIAH
5(f) SRI NARAYANASWAMY
MAJOR BY AGE
S/O LATE N B RAMAIAH
5(g) AKKAMMA
MAJOR BY AGE
D/O LATE N B RAMAIAH
5(h) SAROJAMMA
MAJOR BY AGE
D/O LATE N B RAMAIAH
5(i) SUBBAMMA
MAJOR BY AGE
D/O LATE N B RAMAIAH
5(j) RAMADEVI
MAJOR BY AGE
D/O LATE N B RAMAIAH
3
R5(A) TO R5(J) ARE
R/O NAGANAYAKANAHALLI KOTE
SAMETHANAHALLI POST
HOSKOTE TALUK
BANGALORE RURAL DISTRICT - 562 114
6. SRI S ASHOK KUMAR
MAJOR BY AGE
S/O LATE SRINIVASAPPA
R/O RAMASWAMYPALYA
ANUGONDANAHALLI HOBLI
SAMETHANAHALLI POST,
HOSKOTE TALUK
BANGALORE RURAL DISTRICT - 562 114
7. STATE OF KARNATAKA
BY ITS SECRETARY
REVENUE DEPARTMENT
M S BUILDINGS
DR B R AMBEDKAR VEEDHI
BANGALORE 560 001 ...RESPONDENTS
(SRI. R B SADASIVAPPA, ADV. FOR R3
SRI.V.B.SHIVAKUMAR, ADV. FOR R4
SRI.K.VARADARAJAN, ADV. FOR R5(B-E)
R7 - SERVED)
---
This writ petition is filed under Articles 226 and 227 of
the Constitution of India praying to issue a writ in the nature
of certiorari quashing the order dt.11.9.12, passed by the
Court of the Principal Sr.Civil Judge, Bangalore Rural Dist.,
Bangalore as per Ann-J in OS.No.256/1995 in dismissing the
suit for non prosecution and etc.
This petition coming on for Orders this day, the Court
made the following
ORDER
Writ petition is listed for hearing on Interlocutory Application in IA Nos.1/13, 2/13 and 3/13 filed by the 4 petitioner to bring the legal representatives of respondent No.5(f) and respondent Nos.5(a) to (e), 5(g) to 5(j) and 6 are not yet served.
2. Learned counsel for the respondent submits that the writ petition is not maintainable on the ground that on 11.9.2012 suit was dismissed for non-prosecution and the application filed by the counsel for the plaintiff under Section 151 of CPC to re-call the order dated 11.9.2012 was also rejected on the ground that it was not supported with an affidavit of the petitioner and the petitioner has remedy elsewhere.
3. Learned counsel for the petitioner seeks permission to withdraw the writ petition with liberty to take appropriate course of action.
4. In view of the above, petition is rejected as not maintainable with liberty to take such course of remedy available in law.
5. In view of the dismissal of the petition, IA Nos.1/13, 2/13 and 3/13 do not survive. Registry is directed to return 5 the necessary papers to the learned counsel for the petitioner.
Sd/-
JUDGE RV