IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER 2017 PRESENT THE HON’BLE MR.H.G.RAMESH ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT APPEAL NO.4101/2017 (LR) BETWEEN:
SMT. KOOSAMMA D/O LATE MADHAVA POOJARY SINCE DEAD BY HER LRS:
1(a) MR.M.JAGANNATH AGED 66 YEARS 1(b) MRS. M.CHANDRAVATHI AGED 64 YEARS 1(c) MR.M.DEVENDRA ANCHAN AGED 62 YEARS 1(d) MR.M.UPENDRA ANCHAN AGED 58 YEARS 1(e) MRS.M.VIDYAVATHI AGED 55 YEARS 1(f) MRS. M.VIJAYA AGED 55 YEARS 1(g) MRS. M.BHASHA AGED 50 YEARS 1(h) MRS. M.BABITHA AGED 48 YEARS 1(i) MRS.M.LOHITHA AGED 46 YEARS ALL ARE R/AT DODDAMANE VILLAGE, MAROLI POST KULASHEKARA MANGALURU, D.K.–575 001 ...APPELLANTS (BY SRI.M.VIKAS FOR SRI.B.S.SACHIN, ADVOCATES) AND:
1. STATE OF KARNATAKA REPRESENTED BY SECRETARY DEPARTMENT OF REVENUE VIKASA SOUDHA, BENGALURU–560 001 2. AUTHORIZED OFFICER SAKSHAMA PRADHIKARA D.D.COMPOUND, MANGALURU–575 005 3. RAMA AMIN S/O LATE MONAPPA POOJARY AGED ABOUT 55 YEARS R/AT FLAT No.1-78/2 DEVIKRUPA PACHANADY MANGALURU–575 005 4. BHARATENDRA SINCE DEAD BY HIS LRs 4(a) SMT.VRINDAMANI W/O LATE BHARATENDRA AGED ABOUT 67 YEARS 4(b) KUM.PRASHASTI D/O LATE BHARATENDRA AGED ABOUT 26 YEARS RESPONDENT NOs.4(a) AND (b) C/O.ARUNKAR R/AT “ARCHANA”, NEAR UNION BANK BIKARNAKATTE, KAIKUMBA KULSHEKAR POST MANGALURU-570 005 …RESPONDENTS [BY SRI.G.BALAKRISHNA SHASTRY, ADVOCATE FOR C/R4(a)] THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 28/03/2017 PASSED IN THE WRIT PETITION No.30599/2010.
THIS WRIT APPEAL COMING ON FOR ORDERS, THIS DAY, THE ACTING CHIEF JUSTICE DELIVERED THE FOLLOWING:
:
J U D G M E N T Ag.CJ (Oral):
1. Learned Counsel appearing for the appellants submits that the original petitioner in writ petition No.30599/2010 namely, Smt.Koosamma had died on 07.02.2017, i.e. during the pendency of the writ petition and this fact was not brought to the notice of the learned Single Judge. Hence, he seeks leave to withdraw this appeal with liberty to the appellants to apply before the learned Single Judge for recalling of the order dated 28.03.2017 passed in the aforesaid writ petition.
2. Leave and liberty sought for is granted. The writ appeal is accordingly disposed of as withdrawn. In view of disposal of the writ appeal, interim applications which are pending do not survive for consideration; they stand disposed of accordingly.
Appeal disposed of.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE Yn.