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Karnataka High Court

Mrs. Cicly Chandy vs Karnataka Power Transmission on 7 November, 2017

Author: Vineet Kothari

Bench: Vineet Kothari

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IN THE HIGH COURT OF KARNATAKA, BENGALURU

   DATED THIS THE 7TH DAY OF NOVEMBER 2017

                          BEFORE

    THE HON'BLE Dr.JUSTICE VINEET KOTHARI

    WRIT PETITION No.43456 OF 2015(GM-KEB)

BETWEEN:

Mrs.Cicly Chandy,
Rep. by its GPA Holder
Shri Shaju Alex,
S/o.P.V.Chandy,
Aged about 46 years,
Residing at Vattapally House,
Hosmar Post, Karkala Taluk,
Udupi District.                                    ...Petitioner

            (By Sri Sarat Chandra Bijai, Advocate)

AND:

Karnataka Power Transmission
Corporation Ltd.
Kavoor, Mangalore - 575 002,
Rep. by its Executive Engineer,
Elect Mayor Works Division.                     ...Respondent

              (By Smt.Padma S.Uttur, Advocate)

       This writ petition is filed under Articles 226 & 227 of
the Constitution of India praying to quash the order dated
23.6.2015 passed on I.A.No.II in M.C.No.20/2004 on the file
of the Principal District Judge, Udupi District vide Annexure-
A and consequentially direct the Principal District Judge,
Udupi District to allow the I.A.No.II filed by the petitioner in
                              Date of Order 07-11-2017 W.P.No.43456/2015
                                  Mrs.Cicly Chandy Vs. Karnataka Power
                                     Transmission Corporation Ltd.

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M.C.No.20/2004 on the file of the said Court i.e., vide
Annexure-F and etc.

      This writ petition, coming on for preliminary hearing
'B' Group, this day, the Court made the following:


                          ORDER

Mr.Sarat Chandra Bijai, Adv. for Petitioner Ms.Padma S.Uttur, Adv. for Respondent Both the learned counsels submit that the issues raised in this petition are squarely covered by the order of this Court in W.P.No.43455/2015 disposed of on 11.07.2017 (MR.PRAJEESH M.S. vs. KARNATAKA POWER TRANSMISSION CORPORATION LTD.). In that, this Court has held as under:

"5. Having heard the learned counsel for the parties, this Court is of the opinion that the impugned order cannot be sustained, as there may be miscarriage of justice if the application filed by the plaintiff/claimant is not allowed to be amended and to bring additional facts and rely upon the additional documents, which have already been permitted to be brought on record by allowing Date of Order 07-11-2017 W.P.No.43456/2015 Mrs.Cicly Chandy Vs. Karnataka Power Transmission Corporation Ltd.

other application filed by the petitioner/claimant.

6. The petition is accordingly allowed. The impugned order dated 23.06.2015 is set aside. The amendment application filed by the petitioner stands allowed and the learned trial Judge may proceed further in accordance with law."

2. Present petition also disposed of in the same terms.

Sd/-

JUDGE Cm/-