IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 25TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE S. G. PANDIT WRIT APPEAL NO.3404 OF 2016 (CS-RES) BETWEEN:
SRI M. R. DEVARAJ SON OF RANGAPPA, AGED ABOUT 63 YEARS, RESIDENT OF MALLASANDRA, TUMAKURU TOWN, TUMAKURU DISTRICT-571 101.
(BY SRI K. ANANDA, ADVOCATE) AND:
... APPELLANT 1. THE TUMKUR MILK PRODUCERS SOCIETIES UNION LIMITED, TUMAKURU-571 101, REPRESENTED BY ITS MANAGING DIRECTOR.
2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES BENGALURU DIVISION, GRAIN MERCHANT CO-OPERATIVE BANK LIMITED, CHAMARAJPET, PAMPAMAHAKAVI ROAD, BENGALURU-560 026.
3. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, TUMAKURU SUB-DIVISION, TUMAKURU DISTRICT-571 101.
(BY SRI VIVEK B.N., ADVOCATE FOR ... RESPONDENTS M/S. KUMAR AND KUMAR, ASSOCIATES FOR R-1; SRI LAXMINARAYANA, AGA FOR R-2 AND R-3) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 31.03.2016 PASSED BY THE LEARNED SINGLE JUDGE OF THIS COURT ON IA NO.1 OF 2016 IN WRIT PETITION NO.24849 OF 2015 (CS-RES) AND ALLOW THE IA NO.1 OF 2016 AND CONSEQUENTLY RECALL THE DISMISSAL ORDER DATED 14.01.2016 BY ALLOWING THIS WRIT APPEAL.
***** THIS WRIT APPEAL COMING ON FOR ADMISSION THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT Aggrieved by the order passed by the learned Single Judge in writ petition No.24849 of 2015 dismissing the petition for non-prosecution, the petitioner has filed this appeal.
2. The learned Single Judge noted that eversince the date of filing the petition, that is on 15-6-2015, ten office objections were raised which were not complied with even though substantial time was granted. Even the counsel has remained absent. For these reasons, the petition was dismissed. We do not find any good ground to interfere with the order of the learned Single Judge. If the counsel did not appear before the learned Single Judge and office objections are not complied with for one year, obviously the learned Single Judge would have no other option but to dismiss the petition. We concur with the order passed by the learned Single Judge. Hence, this writ appeal is dismissed.
Sd/- Sd/-
JUDGE JUDGE Rsk/-