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Judgment
The writ petitioner is the appellant before us.
A proceeding under Section 25 of the Karnataka Land Revenue Act, 1964, was initiated. An order was passed in the said proceedings and challenging the same, an appeal has been filed by the respondent No.5 before the Assistant Commissioner. The said appeal is, still, pending.
It is alleged by the writ petitioner that the appeal was filed by a dead person, inasmuch as, the appellant in the said appeal allegedly died on September 20, 2014.
Whether the appeal was filed by a dead person or not have to be decided by the Assistant Commissioner, inasmuch as, the learned advocate appearing for the respondent No.5 in this appeal, who is the appellant before the Assistant Commissioner, submits that the said appellant is, still, alive.
We therefore modify the impugned order and direct the Assistant Commissioner to decide as to whether the said appeal was filed by a dead person or not. If the appeal is filed by a living entity, the Assistant Commissioner shall decide the appeal on merits.
With the above direction, the writ appeal is disposed of.
In view of disposal of the writ appeal, I.A.No.1 of 2017 does not survive for consideration and it is, also, disposed of.
We make no order as to costs.