AMEED Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) (THROUGH VIDEO CONFERENCE) Heard the learned counsel for the petitioner and the learned High Court Govt. Pleader Sri. P. Thejesh.

(2.) Learned High Court Govt. Pleader accepts notice on behalf of respondent.

(3.) It is submitted by the learned counsel for the petitioner that on the dismissal of the petition for non-prosecution, the petitioner had moved a fresh petition and that this court disposed off the said petition by granting liberty to prefer an application for recalling the order dismissing the instant petition for default. In that view of the matter, the learned High Court Govt. Pleader does not canvass any objection for recalling the order. Accordingly, the submission is placed on record. I.A. for recalling the order dated 05.11.2019 and for condonation of delay are allowed. The delay of 98 days in preferring the appeal is condoned. Consequently, for the reasons stated above, I.A. 1/2020 is allowed. The order dated 05.11.2019 dismissing the petition for default is recalled and the petition is restored to file of this court.