NAGAMMA Vs. DEVAPPA

JUDGEMENT

(1.) In this appeal of the year 2010, noticing that learned counsel Sri Chaitanya Kumar Chandriki had undertaken to file vakalath for appellant nos.1 and 2 on 20.07.2015 itself and that till 09.01.2020 i.e., nearly for five years, he has not filed vakalath, the Court had ordered for issuance of emergent Court notice upon appellant nos.1 and 2 by order dated 09.01.2020. The said order has given a detailed reasoning as to why an emergent Court notice was ordered upon the appellants. Despite service of emergent Court notice, the appellants have failed to appear or to execute vakalath in favour of learned counsel Sri Chaitanya Kumar Chandriki who had undertaken to file vakalath in the year 2015 itself.

(2.) Therefore, when the appellants are not interested in engaging the services of counsel on their behalf or to prosecute the matter which is an old appeal of the year 2010, I have no other option but to dismiss the appeal for non-prosecution.

(3.) Accordingly, keeping open the consideration of the explanation submitted by learned Principal District Judge, Raichur, the appeal stands dismissed for non- prosecution.