IN THE HIGH 00131:? or KARNATAKA,
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W/O SR1 SRINIVAS RA,1;u12s'Ij~&N '
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sax sRINix,iAs'JS"I'I';'§f_[I';I'I(i}1\_2..'_0,§?_ INBAA HPRAYING TO QUASH
THE IMPUGNEJ3'_».ORI)ERv.1)'If.'v10.6?2008 PASSED BY THE
TRIAL CQURT,"'I1~§;;.__Q.S._N0;3548[£?8 VIDE ANNEXB. BY
ISSUING A--.\5.(RIT";V 01?-..'CE1?r10RARI OR ANY OTHER
WRIT] QRDER AS 'THE,TcAs£:. MAY BE.
'If11iS'P.*f3tiA1.;';§0VI'1 .COII}iI1g on for this day, the
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ORDER
The} firmed Govemment Plcader, Sri.H.R.Sridhar
‘ .j’aéce1=_1tsV’i”1otice for the respondents and also submits
mg: he has rec;-eivedjigopy of the writ petition and/Kottler
” iiaievant papers.
fin»
V V’
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2. Heard the learned counsel for the petitioners
and also the learned Government Pleader.
3. In this writ petition, under
227 of the Constitution of In§’iie,> u’1Ve*«e_pe;jfi;§;;¢;f”‘V1335
called in question the order. date§:1′– 1 Gv6-2038. *’
the trial Court in 0.S.No.3548,T/:f2GQ8. ~.
4; ‘order, the ma} Court has
direeteod to to comply with the
reqxlirexxieeiafiof of C130.
V. of CPC., provides for two months
Government or public oflicer before
ins”1:ituti1’igv {he suit. In the present case, no such notice
isstieci. Therefore, the trial Court has directed to
the plaint to comply with the requirement of
T “‘Sect:ion 80 of CPC, which is mandatory. Therefore, in
my considered view, there is no merit in this writ
petition and hence, it is liable to be dismissed.
£/
6. Accordingly, it is dismissed.
Liberty is remrved to
the suit after complying with the *’
80 of CPC.
1353.
(33111.