LAWS(KAR)-2014-1-274

M. GUNDAPPA Vs. THIMMA BOVI SINCE (DEAD)

Decided On January 28, 2014
M. Gundappa Appellant
V/S
Thimma Bovi Since (Dead) Respondents

JUDGEMENT

(1.) The order of learned Single Judge passed on I.A.Nos.I/2012 and II/2012 dated 08.11.2013 is assailed in these appeals.

(2.) The relevant facts of the case are that the order of the Land Tribunal, Ramanagaram, in Case No. LRF (7) 723 & 792/1975-76 was assailed by respondent No.1 by his legal representatives in WP No.38942/2002. That Writ Petition was filed in the year 2002. By order dated 12.08.2008 the Writ Petition was dismissed for non-prosecution. Subsequently, applications were filed in 2012 seeking recalling of the order dated 12.08.2008 by condoning the delay. Those applications were heard by learned Single Judge. By the impugned order dated 08.11.2013 those applications were allowed. The order dated 12.08.2008 was recalled. The Writ Petition was restored to file subject to payment of cost of Rs.10,000/- payable to counsel for respondent Nos.3 and 4 in the Writ Petition. That order is assailed by respondent Nos.3 and 4 in the Writ Petition, in these appeals.

(3.) We have heard learned counsel for the appellants and learned counsel for the respondents and perused the material on record.