High CourtsDIVISION BENCH(2017) 08 KAR CK 0034

Smt.Shivamma D/o late Hanumanthaiah, & Anr. vs Smt.Rathnamma W/o late Shivalingaiah, & Ors.

Karnataka High Court · Decided on 31 August 2017

HON’BLE JUDGES
Subhro Kamal Mukherjee, P.S.Dinesh Kumar
RESULT
Dismissed
CASE NUMBER
2244 of 2017 (SCST)

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Judgment

7 paragraphs · 171 words
1.

Mr.V.Sreenidhi, learned additional government advocate, appears for the respondent Nos.2 and 3.

2.

Although, the appeal is barred by limitation, as requested by the learned advocate appearing for the appellants, we have considered the appeal, also, on merits.

3.

This is an appeal against the judgment and order dated February 27, 2017, remanding the matter to the Deputy Commissioner, Tumakuru district, to reconsider the matter, as it appeared to the Hon''ble Single Judge that initial order was passed without giving an opportunity of hearing to the writ petitioner.

4.

We do not find any merit in the writ appeal, as better justice is always done if a lis is decided upon the contested hearing.

5.

Therefore, the application for condonation of delay in filing the appeal is dismissed. Consequently, the appeal is, also, dismissed.

6.

However, we take this opportunity to request the Deputy Commissioner, Tumakuru district, to dispose the matter, as expeditiously as possible, preferably within a period of six months.

7.

We make no order as to costs.