IN THE HIGH COURT OF KARNATAKA, AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2017 PRESENT THE HON'BLE MR. SUBHRO KAMAL MUKHERJEE, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR WRIT APPEAL No. 1551/2016 (GM-R/C) Between:
Dr. Jayaram Alva S/o Late Sri. A. Ramayya Alva Aged about 72 years Kodethur Guthu Mannabettur Village Mangalore Dakshina Kannada.
... APPELLANT (By Sri./Smt : K. CHANDRANATH ARIGA., Advocate) And:
1. The Commissioner for Hindu Religious Institutions and Charitable Endowments Malai Mahadeshwara Vartha Bhavan, Alur Venkatarao Road, Chamarajpet, Bangalore-560018.
2. Dr. K. Ravindranath Poonja, S/o Sri. Ganapayya Poonja, Aged about 74 years, 202, Sundaram Sai Mahal Apartments, Karangalapadi, Mangalore, Dakshina Kannada.
3. Sri. Vasudeva Asarana, S/o Late Sri. Srinivasa Asarana, Aged about 65 years, R/o Kateel-574 148, Mangalore, Dakshina Kannada.
... RESPONDENTS (By Sri./Smt : K.N. Phanindra & Vaishali Hegde. Adv For C/R No-2 C/P no 268/16 & 485/16 R/w o/os.
This Writ Appeal is filed U/S 4 of the Karnataka High Court Act praying to set aside the order passed in the Writ Petition 18835/2011 dated: 3/5/16.
This Writ Appeal coming on for orders this day the court made the following order.
ORDER ON IAs I & II OF 2016 By our order dated October 21, 2016, two weeks’ time was granted to the appellant to comply with the office objections. In default, we directed, the appeal would stand dismissed without further reference to the Bench.
The present applications are filed for recalling of the said order and to condone the delay in filing such an application.
After hearing Mr Chandranath Ariga K, learned advocate appearing in support of these applications and considering the averments contained in these applications, we are satisfied that the appellant was prevented by sufficient cause from removing the office objections in time as stipulated in our order dated October 21, 2016.
The delay in filing the application for recalling of the order dated October 21, 2016, is, also, sufficiently explained.
Therefore, the delay in filing the application for recalling of the order dated October 21, 2016 is condoned. The order dated October 21, 2016, is recalled. The writ appeal is restored to its original file and number.
The applications stand allowed. We make no order as to costs.
Peremptorily, three weeks’ time is granted to comply with the office objections.
…4 In default, the appeal shall stand dismissed without further reference to the Bench.
Sd/- CHIEF JUSTICE Sd/- JUDGE T By: JAY C By: R R By: JAY COPY Sd/- ASSISTANT REGISTRAR