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2022 Supreme(Kar) 1098
IN THE HIGH COURT OF KARNATAKA
H.B.Prabhakara Sastry, Anil B.Katti, JJ.
Mallikarjun - Appellant
Versus
Special Land Acquisition Officer - Respondent
Miscellaneous First Appeal No. 200296/2022 (Lac)
Decided On : 07-09-2022
Ratna N.Shivayogimath, Advocate
Non-compliance with office objections and non-prosecution can lead to dismissal of the appeal.
Headnote:
Non-compliance - Office Objections - The court dismissed the appeal for non-compliance of office objections and non-prosecution.
Fact of the Case:
The appellant failed to comply with office objections despite multiple opportunities and did not appear in court when the matter was taken.
Finding of the Court:
The court dismissed the appeal for non-compliance of office objections and non-prosecution.
Issues:
Ratio Decidendi: Non-compliance with office objections and non-prosecution led to the dismissal of the appeal.
Final Decision: The appeal stands dismissed for non-compliance of office objections and non-prosecution.
JUDGMENT
1. None appear in this matter either physically or through video conference.
2. A perusal of the order sheet would go to show that in spite of granting several and sufficient opportunities of not less than four times, the appellant has not complied with the office objections. On 2/9/2022 this Court made the following observation ;-
'None appear for the appellant either physically or through video conference.
As a last chance, four days time is granted to comply with the office objections, making it clear that in case the office objections in their entirety are not complied within the said time, the Court may proceed to pass appropriate order, including dismissal of the appeal for non-compliance of office objections.
In case the office objections are not complied within the time granted as above, list the matter on 7/9/2022.'
3. In-spite of the above, the appellant neither complied the office objections nor shown any reason for non-compliance and nor even appeared today when the mater is taken. Hence, the appeal stands dismissed for non-compliance of office objections and also for non-prosecution.
