IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 13TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE S.G. PANDIT WRIT APPEAL NOs.1633-36 OF 2014 (LR) BETWEEN:
1. SMT. SAROJINI AGED 57 YEARS WIFE OF LATE MADHAVA PUTHRAN 2. MR.PRADEEP M. KOTIAN AGED 36 YEARS SON OF LATE MADHAVA PUTHRAN 3. KAMALAKSHA AGED 33 YEARS SON OF LATE MADHAVA PUTHRAN 4. GIRISH AGED 31 YEARS SON OF LATE MADHAVA PUTHRAN ALL ARE RESIDING AT CHITRAPU VILLAGE POST MULKI, MANGALURU TALUK – 574 154.
(APPELLANT NO. 1,3 AND 4 ARE GPA HOLDER RESPONDENT NO.2) ... APPELLANTS (BY SRI. ABISHEK MARLA, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY REVENUE DEPARTMENT M.S.BUILDINGS, VIDHANA VEEDHI BENGALURU - 560 001.
2. THE LAND TRIBUNAL MOODABIDRI-574227 DAKSHINA KANNADA DISTRICT REPRESENTED BY ITS CHAIRMAN.
3. SMT.ELIZABETH ARENHA WIFE OF LATE JOHN FRANCIS ARENHA AGED ABOUT 65 YEARS ARENHA VILLA, CHITRAPU VILLAGE POST MULKI – 574 154 MANGALURU TALUK.
... RESPONDENTS (BY SRI. S.S. MAHENDRA, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS. 1 & 2;
SRI B.C. ACHARYA, ADVOCATE FOR RESPONDENT NO.3) THESE APPEALS ARE FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN WRIT PETITION NO.11905 OF 2012 DATED 6/3/2014.
THESE APPEALS COMING ON FOR ORDERS THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT By order dated 30.08.2017, the appellant’s counsel submitted that by inadvertence, respondent No.5 has not been arrayed as party respondent and the appellant to take necessary steps by filing necessary application. Even after almost 2½ years, nothing has been done. The appeal cannot be proceeded in the absence of respondent No.5. In view of the undertaking not being complied with, the appeals stand dismissed.
Sd/- Sd/-
JUDGE JUDGE SA