IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18th DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE N.S.SANJAY GOWDA WRIT PETITION No. 36863/2014 (GM-CPC) BETWEEN:
DODDAPATALAPPA SINCE DEAD BY LRS., 1. SMT. NAGARATHNAMMA, W/O.LATE DODDAPATALAPPA, AGED ABOUT 53 YEARS, 2 . SMT. KEMPAMMA D/O.LATE DODDAPATALAPPA, AGED ABOUT 33 YEARS, BOTH R/AT THAILAGERE VILLAGE, KUNDANA HOBLI, DEVANANHALLI TALUK-562 110, BANGALORE RURAL DISTRICT. ...PETITIONERS (BY SRI L NARASIMHA MURTHY, ADV., ) AND:
1 . SRI. MUNIVENKATAPPA S/O.LATE MUNISHAMAPPA, AGED ABOUT MAJOR, 2 . SRI KRISHNAPPA S/O.LATE MINISHAMAPPA, AGED ABOUT MAJOR, 3 . SRI ANJINAPPA, S/O.LATE DODDA MUNIGA, 4 . SRI CHIKKAPATALAPPA, S/O.DODDAPATALAPPA, AGED ABOUT MAJOR, R-1 TO 4 ALL ARE RESIDING AT TAILAGERE VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK-562 110, BANGALORE RURAL DISTRICT.
5 . SRI GANGAPPA, SINCE DEAD BY LRS, 5(a) SMT. MINISONNAMMA, D/O.LATE GANGAPPA, AGED ABOUT 51 YEARS, SANAHALLI VILLAGE, SULIBELE POST, HOSAKOTE TALUK-562 114, BANGALORE RURAL DISTRICT.
5(b) SRI NARAYANAPPA, S/O.LATE GANGAPPA, AGED ABOUT 49 YEARS, 5(c) SRI ANJINAPPA, S/O.LATE GANGAPPA, AGED ABOUT 46 YEARS, R-5(B) & (C) ALL ARE RESDING AT THAILAGERE VILLAGE, KUNDANA HOBLI, DEVANANHALLI TALUK-562 110, BANGALORE RURAL DISTRICT.
5(d) SMT. MUNIRATHNAMMA, D/O.LATE GANGAPPA, MONAGONDANAHALLI VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK-562 110, BANGALORE RURAL DISTRICT.
6 . SRI MUNIKRISHNAPPA, S/O.LATE CHIKKA NARASAPPA, 7 . SRI DODDA KEMPANNA, S/O.LATE MUNI ABBAIAH, AGED ABOUT MAJOR, 8 . SRI MUNIKEMPANNA, S/O.LATE MUNI ABBAIAH, AGED ABOUT MAJOR, R-6 TO 8 ALL ARE RESIDING AT THAILAGERE VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK-562 110, BANGALORE RURAL DISTRICT.
9. THE TAHSILDAR, DEVANAHALLI TALUK, DEVANAHALLI-562 110, BANGALORE RURAL DISTRICT. …RESPONDENTS (BY SRI MS RASHMI PATEL, HCGP FOR R-9, R-1 TO R-4, 5(A) TO (D), R-6 TO R-8 ARE SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH ANNEX-F THE IMPUGNED ORDER DATED 6.6.2014 PASSED ON I.A.NO.12 IN M.A.NO.112/2011 ON THE FILE OF THE 5TH ADDL. DIST. & SESSIONS JUDGE AT DEVANAHALLI, BANGALORE RURAL DISTRICT.
THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING IN B GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER On 31.05.2014, the Appellate Court dismissed the appeal as against respondents 5(b) & 5(c). On 06.06.2014, an application (I.A.No.12) came to be filed for recalling the said order and for permission to take steps against legal representatives of Respondents 5(b) to 5(c). The Appellate Court has dismissed this application on the ground that the appellant was not diligent in presenting the appeal.
2. In my view, this order, if allowed to stand would result in miscarriage of justice. Further more, in this writ petition also, respondents 5(a) to (d) who were the very same respondents in theTrial Court are served and remain unrepresented. In view of the above, it is but just and necessary that the impugned order be set aside and service of notice on respondents 5(a) to (d) be held as sufficient. As a consequence, the Appellate Court is directed to decide the appeal on merits. Accordingly, the impugned order is set aside. Writ Petition is allowed.
Sd/- JUDGE PKS