LAWS(KAR)-2011-12-315

SUNDARI BAI, W/O. LATE SRI. R.D. MENDON Vs. STATE OF KARNATAKA, BY ITS SECRETARY TO THE GOVERNMENT OF KARNATAKA, REVENUE DEPARTMENT, BANGALORE-560001, SMT. SUNDARI SHEDTHY, D/O. DODDAKKA SHEDTHY

Decided On December 12, 2011
Sundari Bai, W/O. Late Sri. R.D. Mendon Appellant
V/S
State Of Karnataka, By Its Secretary To The Government Of Karnataka, Revenue Department, Bangalore -560001, Smt. Sundari Shedthy, D/O. Doddakka Shedthy Respondents

JUDGEMENT

(1.) THE Landlord is before this Court questioning the order passed by the Land Tribunal granting occupancy rights in favour of respondent No. 2. Suffice it to say when the matter was pending adjudication before this Court, the Land Reforms Appellate Authority was formed and the papers were transferred to the Authority. When the Land Reforms Appellate Authority was abolished, a civil petition was filed through post and was converted into a writ petition, which is the present writ petition.

(2.) SINCE the petitioner did not enter appearance, a Court notice was issued. When she did not appear, this Court had no option but to dismiss the matter for non -prosecution. After a lapse of about a decade, an application is filed for recalling the order.

(3.) MR . H. Jayakumar Shetty, learned counsel appearing for the contesting respondent opposes the said applications for condonation of delay as well as for recalling the order, contending that the petitioner's son was aware of the proceedings before the Land Tribunal and also the dismissal of the writ petition and in the circumstances, the delay not having been properly explained, applications do not merit consideration.