IN lEE HIGH CQJET OF FAHA5’AHA AT BGfliORE DAThD TFISTIth’ 51H DAY OF J T JNE 1Q98 BEFORE: THE HON’aE ![R.JOSTIOE Y,F.SALDALIHA I, F. NO. 2591 / 1906 BET *SEI: Sri,abaE(1 8 ab, S. son of bbeik liussain alias Gbul issath aged about 70 years, residing at No.32/2 Chowdappa Block, Dcvi Road, Bgalore—560 084. FEITIONER (By Sri M,Bansich&i Advocate,,) AID: 1, O.Mustaq Atned, scn of Mohyned Has tgi, rt,Razia Begun Wo late Mohiddin Ghouse rn aj ox. both the resoondents I and 2 are residents of Sordekoppa CJ UL 1J, r U J 4 4 4 , ) — 4 •. * — - 43 -:, —2— O RDER I flave beard the petitioner’s learned Advocate, the learned ivocate who represits 1 d 2 as also the learned GOVt,AdV’DCStC, At the Inception, the respondits’ learned Advocate requested for some time because be desires to place certain facts on record. Noally, I would not have precluded the learned Advocate from doing this if the Court were to ex,lne the matter on merits. However, what has transpired is that the petitioner’s learned Mvocate points out that some time In the year 1981, the Trirnal is alleged to have passed an order in favour of the applicant who claim to be the occupant on °781 and that this fact ce to the notice of the petitioner only whan ILl and 2 started cutting the trees d he was required to move the Civil Court for apppriate orders, an ernrination., the original proceeding does indicate that the nae of the petItioner has not been mentioned eno secondly that notice was not issued to the petitioner nor waS the petitioner afforded an opportunIty of contesting the matters Learned Advocate who represents R—i and 2 ‘7 -I Li &id 2 has raised a serious objection id he points out that the writ petition is filed after the lapse of more then 16 years but this is wiswered by the petitioner’s learned Advocate who points out that until 1995, his client was not aware of the order in question. It is true that a long time has elapsed but this cennot be held against the petitioner in these circumstances since the petitioner was obviously unaware of the order, ]i these circumstences, the Court has no option except to set—aside the order dated 9—7—81 d to direct the Tribunal to redecde the case after bearing the parties. Since this is en old prcceedthg end the parties are represented before me, it will be unnecessary to issue eny fresh notice end the parties or their representatives are directed to appear befora the Tribune.., on 20—7—1998 when the Tribunal shall/further directions with regard to the date of hearing etc., in the case, 2. The Petition succeeds to this extent end stgids• disposed of, No order as to costs, 11 cm LJ TT!flfl - JtJAJ V V rSU/*12o6o$ / f&o Ct 4 z-p&t ‘lii /‘% V Li I