TUMAKURU -572 101 v. SINCE DECEASED
Case at a glance
Outcome
Set aside
Consequently, the impugned order is set aside and
Provisions considered
- Constitution of India arts. 226, 227
Key paragraphs
- Para 44. Consequently, the impugned order is set aside and the appeal shall stand restored. This Writ Petition is, therefore, allowed.
Judgment
1. SRI K.S.PRASANNA KUMAR S/O LATE K S SHIVALINGAIAH AGED ABOUT 44 YEARS R/O KAGGERE BELLAVI HOBLI TUMKURU TALUK AND DISTRICT-572 153 (BY SRI. V B SIDDARAMAIAH.,ADVOCATE) AND:
THE ASSISTANT COMMISSIONER TUMAKURU SUB DIVISION TUMAKURU -572 101 …PETITIONER Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA
SMT CHIKKANANJAMMA W/O K N SHIVALINGAIAH AGED ABOUT 76 YEARS R/O KATTIGENAHALLI KORA HOBLI TUMAKURU TALUK AND DISTRICT-572 128 SINCE DECEASED. …RESPONDENTS (BY SMT. SAVITHRAMMA., AGA FOR R-1; VIDE ORDER DATED 07.03.2025., NOTICE TO LRs., OF DECEASED R-2 IS NOT NECESSARY) - 2 - NC: 2025:KHC:9852 WP No. 1654 of 2020 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO SET ASIDE THE ORDER DATED.4.9.2019 PASSED IN REV MISC NO.15/2018 BY THE HONBLE KARNATAKA APPELLATE TRIBUNAL ART BENGALURU (CH-1) VIDE ANNEXURE-Q AND CONSEQUENTLY ALLOW THE MISC CASE NO.15/2018 FILED BY THE PETITIONER ON 26.2.2018 VIDE ANNEXURE-M, ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER
1. The Karnataka Appellate Tribunal (KAT) has dismissed the petition filed for restoration of the appeal on the ground that there was no justification to condone the delay in filing the petition.
2. The order of the KAT indicates that the appeal was dismissed for non-prosecution and the petition for restoration was filed after delay of 5 months and 22 days. - 3 - NC: 2025:KHC:9852 WP No. 1654 of 2020
In my view, having regard to the fact appeal has been dismissed for non-prosecution, it would be appropriate to condone the delay and also allow the restoration petition since it would be in the interest of all the concerned that order be passed on the merits of the claim.
Operative part
Consequently, the impugned order is set aside and the appeal shall stand restored. This Writ Petition is, therefore, allowed.
The petitioner shall implead the legal representatives of respondent No.2 before the KAT and the KAT shall decide the appeal on merits as expeditiously as possible after the service of notice to the legal representatives of respondent No.2.
If the petitioner makes any attempt to protract or dilate the proceedings, the KAT would be entitled to dismiss the appeal for non-prosecution. - 4 - NC: 2025:KHC:9852 WP No. 1654 of 2020
The petitioner to appear before the KAT on
27.03.2025 to take further instructions. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE HNM List No.: 1 Sl No.: 36
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Consequently, the impugned order is set aside and
Which statutory provisions did this judgment involve?
Constitution of India — arts. 226, 227.
Which court decided this case, and when?
Karnataka High Court, on 04 Sep 2019. The bench was N S SANJAY GOWDA.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.