Karnataka High Court
Chev K M Joseph vs St Marys Jacobite Syrian on 21 February, 2013
Bench: Dilip B.Bhosale, B.Manohar
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 21st DAY OF FEBRUARY 2013
PRESENT
THE HON'BLE MR. JUSTICE DILIP B BHOSALE
AND
THE HON'BLE MR. JUSTICE B MANOHAR
W.A.NO.211/2011 (GM-CPC)
BETWEEN
CHEV K M JOSEPH
AGED ABOUT 75 YEARS
S/O K M MATHEW
R/AT NO. 79, 1ST STAGE
INDIRANAGAR
BANGALORE-560038 ... APPELLANT
(BY SRI P.N. RAMESH, ADV., FOR M/S BANGALORE LAW
ASSOCIATES)
AND
ST MARY'S JACOBITE SYRIAN
ORTHODOX CHURCH
NO.13, QUEEN'S ROAD
BANGALORE-560052 ... RESPONDENT
THIS W.A. FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION NO.148/2010(GM-CPC) DATED 04/06/2010.
2THIS W.A. COMING ON FOR ORDERS, THIS DAY, DILIP B. BHOSALE J. DELIVERED THE FOLLOWING:
PC:
ORDER ON I.A.1/12 Heard learned counsel for the appellant. By this application, the applicant has prayed for condoning 594 days delay caused in filing the recalling application.
We have perused the application and the affidavit in support thereof. For the reasons stated therein, the delay is condoned. The application is disposed of.
ORDER ON I.A.II/2012 By this application, the appellant seeks to recall of the order dated 25.5.11, whereby his appeal stood dismissed for non-prosecution.
We have perused the application and the affidavit in support thereof. For the reasons stated therein, the application is allowed and the appeal is restored to file. 3 WA 211/11
Learned counsel for the appellant prays for withdrawal of the appeal as not maintainable.
The appeal is disposed of as withdrawn with liberty to the appellant to take appropriate remedy if any, against the order impugned in the appeal.
Sd/-
JUDGE Sd/-
JUDGE TL