S MALLIKARJUNAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) A. No. Iii/03 is allowed and the delay in filing la. No. Iv/03 is condoned. For the reasons stated, la. Iv/03 is allowed and the Orderdated 16-4-2003 dismissing the petition against respondents 5, 6 and 9 is recalled.

(2.) AS per the memo filed, respondents 5 and 6 are permitted to be deleted at the risk of the petitioner. Consequently, i. a, No. Viii/03 filed to treat respondents 7, 8 and 10 as legal representatives of deceased respondents 5 and 6 is rejected as unnecessary in view of deletion of respondents 5 and 6.

(3.) FOR the reasons stated in the applications, i. as. V, vi and vii are allowed. Delay is condoned, abatement is set aside and the legal representatives of deceased 9th respondent are permitted to bring on record.