IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 30TH DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE ASHOK S. KINAGI WRIT APPEAL NO.4274 OF 2012 (LR) BETWEEN:
SRI HALERANGAIAH SINCE DEAD BY HIS LEGAL REPRESENTATIVES, SMT. LAKSHMAMMA, DAUGHTER OF LATE HALERANGAIAH, AGED ABOUT 62 YEARS, RESIDENT OF THYAMAGONDLU VILLAGE, NELAMANGALA TALUK, BENGALURU DISTRICT.
...APPELLANT (BY SRI G.R. PRAKASH, ADVOCATE - ABSENT) AND:
1. STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF REVENUE, M.S. BUILDING, BENGALURU-560 001.
2. LAND TRIBUNAL NELAMANGALA TALUK-562 123, BY ITS SECRETARY/TAHSILDAR.
3. SRI MOHAMED MUNEER SON OF LATE ABDUL SATHAR, RESIDENT OF SOMANAKOPPA, SHIVAMOGGA TALUK AND DISTRICT-577 201.
…RESPONDENTS (BY SRI KIRAN KUMAR, HCGP FOR R-1 AND R-2; VIDE ORDER DATED 04.07.2019, APPEAL STANDS ABATED AGAINST R3) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER OF THE LAND TRIBUNAL, NELAMANGALA, BENGALURU DISTRICT (RESPONDENT NO.2) DATED 17.6.2003 WHICH IS ANNEXURE ‘Q’ TO THE WRIT PETITION; SET ASIDE THE ORDER OF THE LEARNED SINGLE JUDGE, PASSED IN WRIT PETITION NO.2369 OF 2005 (LR), DATED 29.06.2012.
***** THIS WRIT APPEAL COMING ON FOR FINAL HEARING THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT By the order dated 4-7-2019, the appeal against respondent No.3 stood abated. The material on record would indicate that the memo reporting the death of respondent No.3 was filed in the Court along with the list of legal representatives as far as back on 16-3-2017. Even as on date, nothing has been done. Even the counsel for the appellant is not present. In the absence of respondent No.3, the appeal cannot be proceeded further. No orders could be passed in his absence, since he was the contesting respondent. Under these circumstances, the appeal stands dismissed.
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JUDGE JUDGE Rsk/-