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Judgment
Krishna S Dixit.J
These two appeals essentially lay a challenge to an order which directed the payment of equal remuneration to the 4th respondent in W.A.No.1994/2014 who happens to be the 2nd respondent in the companion W.A.No.1993/2014. The said respondent having died, a Coordinate Bench of this Court vide order dated 26.02.2024 has said as under:
“In W.A.No.1994/201, learned counsel Sri.Vishwanath H.M., for appellant No.1, similarly the learned counsel Sri.M Veerabhadraiah for respondent No.4 are present before the Court physically and connected case in W.A.No.1993/2014 learned counsel Sri.Vishwanath H.M., for appellant No.1, similarly the learned counsel Sri.M Veerabhadraiah for respondent No.2 are present before the Court physically.
Learned counsel Sri.M Veerabhadraiah., in W.A.No.1994/2014 submits that respondent No.4 has died in the year 2021 and the same has been informed to the Management, S.J.R.C Educational Society. Learned counsel Sri.M Veerabhadraiah., in further submits that he want to secure the particulars of the LRs of respondent No.4 in W.A.No.1994/2014 and LRs of respondent No.2 in W.A.No.1993/2014 to participate in these appeal matters.
Keeping in view the submission made by the learned counsel Sri.M Veerabhadraiah, it is deem it appropriate to take out process in respect of LRs of respondent No.4 in W.A.No.1994/2014 and LRs of respondent No.2 in W.A.No.1993/2014 to participate in these appeal matters and the parties in the proceedings would be directed to proceed in accordance with law to take appropriate process against the LRs of respondents.
List this matter after two weeks' in the usual course.”
In terms of the order dated 26.02.2024, nothing having been done, these appeals abate by operation of law and such abatement cannot be halted by court order, Rule 37 of the Writ Proceedings Rules, 1977 having incorporated the provision of Civil Procedure Code, 1908.
In view of the above, these Writ Appeals are disposed off as having abated. However, this order shall not come in the way of appellants seeking setting aside abatement in accordance with law.