Sri K v. Venkatesh v Munegowda
Case brief
What is this about?
Non-prosecution dismissal of a Regular First Appeal filed under Section 96(1) CPC challenging the judgment and decree dated 03.04.2012 in O.S.No.142/2010 (Presiding Officer, Fast Track Court, Devanahalli), which had allowed a compromise petition. Bench: Jayant Banerji and Rajesh Rai K, JJ. (judgment per Banerji J.). Neither the appellant K V Venkatesh nor his counsel (Venkatesh H P Dalwai, Somanagowda Patil) appeared despite two call-outs; respondent No.15 is the Special Land Acquisition Officer, KIADB. No issue on the merits was adjudicated and no amounts were involved.
What did the court decide?
Since no one appeared for the appellant despite the matter being called out twice, the appeal was dismissed for non-prosecution; the order was passed in the presence of learned counsel for respondent No.15. ¶54