Karnataka High Court
Sri M Narayana vs The Karnataka State Financial ... on 16 July, 2012
Bench: Chief Justice, Aravind Kumar
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 16TH DAY OF JULY 2012
PRESENT
THE HON'BLE MR.VIKRAMAJIT SEN, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE ARAVIND KUMAR
Review Petition No. 317/2009
In
Writ Appeal No.620/2009(GM-KSFC)
Between:
1. Sri M.Narayana
Aged about 70 years
S/o.late Munishamappa
Residing at No.177/1
2nd Main, 2nd Cross
Bovipalya, Mahalakshmipuram
Bangalore 560 086.
2. M/s.Precision Engineering
Works
A Partnership firm having its
Office at No.177/1, 2nd Main, 2nd Cross
Bovipalya, Mahalakshmipuram
Bangalore 560 086
Represented by its Partner
Sri M.Narayana. ... Petitioners
(By Sri K. Suman, Adv. )
And:
1. The Karnataka State Financial Corporation
No.1/1, Thimmaiah Road
Vasanth Nagar
Bangalore 560 052.
2. Deputy General Manager
Karnataka State Financial Corporation
Rajajinagar Branch
No.197, I Floor, 2nd Stage
West of Chord Road
Bangalore 560 086.
2
3. Assistant General Manager
Karnataka State Financial Corporation
Rajajinagar Branch
No.197, I Floor, 2nd Stage
West of Chord Road
Bangalore 560 086.
4. Smt.A.Lakshmi Ravi Kumar
Aged about 29 years
D/o.Sri P.Ravikumar
Residing at Gowrav Nagar
Puttenahalli,JP Nagar 7th Phase
Bangalore 560078. ... Respondents
(By Sri Gururaj Joshi, Adv. for M/s.Gururaj Joshi & Co.,,
Adv. for R1 to R3,Sri Ravi P., Adv. for R4.)
This Review Petition filed under Order 47 Rule 1 of
CPC praying for review of the order dated 04.06.2009
passed in WA 620/2009 on the file of the Hon'ble
HighCourt of Karantaka, Bangalore.
This Review Petition coming on for final hearing this
day, Chief Justice made the following:
ORDER
VIKRAMAJIT SEN, C.J. (Oral) :
We have perused the order dated 4.6.2009 which refers the absence of counsel for the appellant. Despite this, the appeal has been considered on merits and has been dismissed.
2. In Secretary, Deptt. Of Horticulture, Chandigarh & Another v. Raghu Raj (AIR 2009 SC 514), the Hon'ble Supreme Court has clarified that the Court should not hear a matter on merits in the absence of any representation on 3 behalf of the parties, and only recourse to be taken is dismissal in default of appearance or for non-prosecution as the case may be.
3. For these reasons, order dated 4.6.2009 is recalled. Case be now listed in its turn as per roster.
4. Review Petition is allowed.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE Sk/-