RAMAKKA W/O LATA DASAPPA (SINCE DECEASED BY HER LRS. SRI SITARAMAIAH S/O LATE DASAPPA AND OTHERS) AND D. GOVINDARAJU S/O LATE DASAPPA Vs. THE STATE OF KARNATAKA BY ITS SECY. REVENUE DEPARTMENT AND OTHERS

JUDGEMENT

(1.) IT is seen from the records that W.P. No. 17699/2003 was dismissed for non -prosecution on 20th November 2008. For recalling the said order, an application came to be filed by the petitioners, which also came to be dismissed for default on 13.1.09. Since none appeared for the petitioners on 13.1.09, Misc.W.456/2009 is filed for recalling the order dated: 13.1.2009. Today also, none appeared for the petitioners. In normal course, the Court would have dismissed Misc.W. No. 456/2009 also. However, this Court is of the opinion that because of the fault of the Advocate, the petitioners should not suffer. Hence, accepting the cause shown, the order dated.20.11.08 passed in W.P. No. 17699/03 as well as the order dated: 13.1.2009 are recalled. Consequently, Misc.W. No. 456/2009 is allowed.

(2.) POST W.P. No. 17699/03 before the Court as per the roaster for Final hearing.