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1995 Supreme(Kar) 242

H.N.TILHARI
VENKATESH – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates:
M.S.BHAGVAT, S.R.HEGDE HUDLAMANE

H. N. TILHARI, J.

( 1 ) LA. Ii is the application for recalling Order dated 28-10-1983, passed by the then acting chief Justice Hon'ble Mr. Justice v. s. malimath, in the two writ petitions viz. , writ petition nos. 35806 and 35807 of 1982, whereby Hon'ble acting chief Justice had dismissed the above writ petitions on the ground that none appears and no steps have been taken. This application for recall or setting aside the Order of dismissal of the writ petition for default and non-prosecution had been moved on 6-10-1993, later on an application under Section 5 of limitation ACT for condonation of delay, in filing the recall application, had been moved in this court on 19-11-1993. This application for condonation of delay is la. I to the writ petition. During Pendency of these Aapplications la. V had been moved for substitution of the names of the heirs of respondent 4 who is alleged to have died on 10-1-1993 along with the application for setting aside the abatement and application for condonation of delay in moving the application for substitution. The application for condonation of delay in filing the substitution application and application for setting aside abatement are la. I







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