IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA W.P.No.2130/2016 (GM-CPC) BETWEEN :
1. SRI K.C.M. GOWDA @ MUTHURAJ S/O LATE K.CHANNAPPA AGED ABOUT 57 YEARS 2. SRI K.C.KRISHNA MURTHY S/O LATE K.CHANNAPPA AGED ABOUT 46 YEARS 3. SRI K.C.LOKESH S/O LATE K.CHANNAPPA AGED ABOUT 41 YEARS ALL ARE R/AT KANESUMARI NO.7, AVALAHALLI VILLAGE YELAHANKA HOBLI BANGALORE NORTH TALUK BANGALORE-560064 ...PETITIONERS (BY SRI CUCKOO DELHI, ADV.) AND :
1. SMT.AKKAMMA W/O LATE M.RAMAIAH AGED ABOUT 71 YEARS 2. SMT.RAJAMMA W/O LATE KRISHNAPPA AGED ABOUT 60 YEARS BOTH ARE R/AT NO.52 AVALAHALLI VILLAGE YELAHANKA HOBLI BANGALORE NORTH TALUK BANGALORE-560064 3. SRI K.N.RAJANNA S/O LATE K.NANJAIAH AGED ABOUT 54 YEARS R/AT HOUSE NO.10 AVALAHALLI VILLAGE YELAHANKA HOBLI BANGALORE NORTH TALUK BANGALORE-560064 4. THE SECRETARY GRAMA PANCHAYAT SINGANAYAKANA HALLI YELAHANKA HOBLI BANGALORE NORTH TALUK BANGALORE-560064 …RESPONDENTS (BY SRI V.F.KUMBAR, ADV. FOR R-1 TO R-3; R-4 SERVED.) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 09.12.2015 IN M.A.NO.34/2009 PASSED BY HON'BLE VII ADDITIONAL DISTRICT AND SESSIONS JUDGE, BANGALORE RURAL DISTRICT, BANGALORE AS PER ANNEX-C AND FURTHER TO RESTORE THE APPEAL AND PERMIT THE PETITIONERS TO ADDRESS THEIR ARGUMENTS ON MAIN.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioners have challenged the order dated 9.12.2015 passed in M.A.No.34/2009 by the VII Addl. District & Sessions Judge, Bangalore Rural District, Bangalore, whereby the appeal filed by the petitioners herein has been dismissed for non prosecution and the application filed under Section 151 of CPC to recall the said order of dismissal has also been dismissed.
2. It is the contention of the learned counsel for the petitioners that subsequent to the remand order passed by this court in W.P.No.20812/2010, the matter was listed on 9.12.2015 and the appeal came to be dismissed for non prosecution albeit the counsel appearing for the petitioners have filed an application on the same day to recall the said order.
3. Learned counsel for the respondents has no objections to allow this writ petition setting aside the order impugned herein and remitting the matter back to the Lower Appellate Court to consider the same afresh in accordance with law.
4. The submissions of the Learned counsel appearing for the parties are placed on record. Considering the totality of the circumstances, in order to meet the ends of justice, this Court deems it appropriate to dispose of this writ petition by setting aside the order impugned and remitting the matter to the Lower Appellate Court for fresh consideration and is ordered accordingly.
5. In the result, the writ petition is allowed. The order impugned is set aside. The proceedings are restored to the file of the District & Sessions Judge, Bangalore Rural District, Bangalore in M.A.No.34/2009.
6. The parties shall appear before Lower Appellate Court on 25.03.2019 without expecting any notice and shall take further directions. The parties shall appear and co-operate for the final disposal of the appeal in an expeditious manner. The Lower Appellate Court shall dispose of the matter in accordance with law in an expedite manner.
With the aforesaid observations and directions, writ petition stands disposed of.
Sd/- JUDGE Dvr: