(1.) W.P.No.2640/2013 is filed against the Order dated 06.09.2012 passed by the Land Tribunal, Sagar, rejecting the application filed by the landlord, petitioner herein, for abetment of proceedings against respondent No.6 and W.P.No.4722/2013 is filed against the the Order dated 17.01.2013 passed by the said Land Tribunal allowing the application to come on record, filed by the legal representatives of deceased respondent No.6-Babu Poojari.
(2.) Sri H.Mahabalappa, petitioner/party-in-person filed these writ petitions contending that he is the owner of the properties in question and he had filed W.P.Nos. 31113-31115/2011 seeking to set-aside the order dated 14.07.2011 passed by the Land Tribunal which came to be disposed off by the Order dated 07.09.2011 remanding the matter to the Land Tribunal for fresh enquiry.
(3.) During the pendency of the proceedings before the Land Tribunal, the petitioner herein filed an application under Order XXII Rule 3, 4 and Rule 10A of the Code of Civil Procedure, 1908, for abatement, contending that respondent No.6-Babu Poojari made in appearance on 02.08.2006 for re-enquiry which was opposed by the present petitioner and subsequently, said Babu Poojary, he died on 04.07.2011 and the death certificate was produced. The Land Tribunal has no power to implead the legal representatives of a deceased person. He contended that the Land Tribunal functions on par with the Civil Court and it is the duty of the Advocate to report the death of his client and the petitioner would have been notified to that effect by the Land Tribunal. The order passed against a dead person by the Land Tribunal does not bear legal force and is liable to be dismissed accordingly.