IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 29TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO. 23077 OF 2018 (GM-CPC) BETWEEN:
SRI. B. R. SUBRAMANYA HINDU, MAJOR, RESIDING AT. NO.77, 13TH MAIN ROAD, BANASHANKARI FIRST STAGE, BENGALURU - 560050.
SINCE DECEASED, REPRESENTED BY HIS LEGAL HEIR B.R.K KRISHNAMURTHY, AGED ABOUT 95 YEARS, R/A NO. 106, “SOVERIGN PARK APTS” K R ROAD, BASAVANAGUDI, BANGALORE – 04.
(BY SRI. MUNIYAPPA, ADVOCATE) AND:
VIVEKANANDA VIDYALAYA K. M. SCHOOL ON LAND FORMERLY BEARING SY.NO.100/1, NOW NUMBERED AS 44 & 45 OF KATRIGUPPE VILLAGE, VIVEKANANADANAGAR, BANASHANKARI THIRD STAGE, BANGALORE - 560081.
REPRESENTED BY ITS SECRETARY.
… PETITIONER … RESPONDENT (BY SRI. G R PRAKASH & SMT V CHAYA DEVI, ADVOCATES) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN O.S.NO.3014/1993 PENDING ON THE FILE OF THE XXIV ADDL. CITY CIVIL JUDGE, BENGALURU (CCH-6) AND ETC., THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Learned counsel for the petitioner having argued the matter, fairly submits that in view of the transfer of the judge who had reserved the matter for judgment, and the other judge taking the charge, the relief sought for in the writ petition now pales into insignificance and that the petitioner being the LR be permitted to enter the fray of the suit in view of demise of original plaintiff by making an appropriate application.
The above submission being fair & reasonable is accepted.
Petition stands disposed off accordingly.
It is needless to mention that the delay brooked during the pendency of this writ petition shall be ignored while computing the period of limitation for making the contemplated application, in the suit.
All contentions of the parties are kept open.
Sd/- JUDGE Bsv