CASE TITTLE: THE MANAGEMENT And ORS V PRINCIPAL SECRETARY, and Anr
CASE NO: WRIT APPEAL NO. 1994 OF 2014 and WRIT APPEAL NO. 1993 OF 2014
ORDER ON: 28TH DAY OF MAY, 2024
QUORUM: JUSTICE KRISHNA S DIXIT
FACTS OF THE CASE:
This writ petition is filled under section 4 of the Karnataka High Court act praying to set aside the order passed in the writ petition 648/2014,The present 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.
LEGAL PROVISIONS:
section 4 of the Karnataka High Court act talks about, Appeal
CONTENTIONS OF THE RESPONDENT:
The 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., 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
COURTS ANALYSIS AND JUDGEMENT:
The court Keeping in view the submission made by the learned counsel Sri.M Veerabhadraiah, the court observed that, 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. The court further, opined that these appeals abate by operation of law and such abatement cannot be halted by court order, Rule 37 of the Writ Proceedings Rules, having incorporated the provision of Civil Procedure Code, 1908. In view of the above, the court disposed off the appeals as having abated. However, the court also cleared that this order shall not come in the way of appellants seeking setting aside abatement in accordance with law.
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Judgement reviewed by:Sowmya.R
