Sri. M. Jambanna S/O M. Pampanna vs Sri. Mangali Ramanna S/O Late ...
2021 Latest Caselaw 1882 Kant

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                IN THE HIGH COURT OF KARNATAKA
                        DHARWAD BENCH

            DATED THIS THE 6TH DAY OF APRIL 2021

                             BEFORE

                THE HON'BLE MRS.JUSTICE M.G.UMA

                      CRL.A. NO.100118/2019

BETWEEN

SRI. M. JAMBANNA S/O M. PAMPANNA
AGE: 62 YEARS, OCC: AGRICULTURE,
R/O: HEBBAL VILLAGE,
TQ: GANGAVATHI, DIST: KOPPAL-583 227.
                                                         ...APPELLANT
(BY SRI.M M NAIKWADI, ADVOCATE)

AND

SRI. MANGALI RAMANNA S/O LATE PAMPANNA
AGE: 66 YEARS, OCC: AGRICULTURE,
R/O: BHUVANAHALLI VILLAGE,
TQ: HOSAPETE, DIST: BALLARI 583 101.
                                                        ...RESPONDENT

      THIS APPEAL IS FILED SEEKING TO SET ASIDE THE JUDGMENT

AND     ORDER    OF    ACQUITTAL   DATED   02.03.2017    PASSED   IN

C.C.NO.312/2016 PASSED BY THE PRINCIPAL CIVIL JUDGE, JMFC,

GANGAVATI AND CONVICT THE ACCUSED BY ALLOWING THIS APPEAL.


      THIS APPEA L COM ING ON FOR ORD ERS THIS DAY, THE

COURT PASS ED THE FOLLOWING:
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                                 ORDER

When the matter was called at the first instance,

there was no representation. Therefore, the matter was

passed over.

2. When the matter was called for the second

time, learned counsel for the appellant sought for a

week's time to comply with the office objections. It was

made clear to the learned counsel that sufficient time is

already granted and there is no reason to adjourn the

matter. Again, the matter was passed over for the second

time. When the matter is called for the third time, there is

no representation.

3. The appeal is of the year 2019 and since April-

2019 time is being granted to comply with the office

objections but in spite of that the office objections are not

complied with. The order sheet dated 09.10.2019 reads as

follows:

"One week's time is granted as a last chance to comply with the office objections, failing which, this matter shall be posted for dismissal on the next date of hearing."

4. Even thereafter, till date the office objections

are not complied with. There is absolutely no reason to

keep the appeal pending by granting time for compliance

of office objections. I do not find any bonafides for the

appellant to seek time to comply with the office

objections. Hence, the appeal is dismissed for default i.e.

for non-prosecution.

Sd/-

JUDGE

sh