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1970 Supreme(Kar) 184

GOPIVALLABHA IYENGAR
L. MAHADEV – Appellant
Versus
A. K. ANANTHA KRISHNA – Respondent


Advocates:
Kadidal Manjappa, S.V.SUBRAMANIAM

( 1 ) THE respondent in these two appeals filed O. S. No. 78/70 and O. S. No. 88/70 on the file of the Civil Judge, Civil Station, Bangalore. The earlier suit is one for the recovery of Rs. 21,065 said to be due on a promissory note executed by the defendant. The second is a suit for the recovery of rs. 7,565 partly towards arrears of rent and partly towards mesne profits and for the recovery of possession of the property. These two cases were being posted together as the parties in both the cases are the same. The cases came up for hearing after series of adjournments on 2-4-1970. On 2 1-1970, the order sheet in O. S. No. 78/70 reads as follows:"defendant's Counsel prays for adjournment. Plaintiff's Counsel opposes. Defendant's Counsel says, he has to obtain certain copies and is not ready to get on with evidence. Adjourned as a final chance on 14-4-1970 on costs of Rs. 15-00. "in O. S. No. 88/70, the order sheet reads as follows:"p. W. 1 examined. Exts. P-1, P-2 marked. Cross-examination to begin on 14-4-1970. Counsel for the defendant says that he has to obtain some certified copies. Defendant's Counsel informed that on no account further adjournment will be granted in this case









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