LAKSHMI NARASIMHA SWAMY CHARITIES Vs. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY EDUCATION DEPARTMENT

JUDGEMENT

(1.) Aggrieved by the impugned order dated 2.3.2016 passed by the learned Single Judge on I.A .No.1 of 2015 in W.P. No.2249 of 2006, by which the I.A. filed for recalling the order dated 25.7.2011 was dismissed, the petitioner is in appeal.

(2.) The petitioner filed writ petition under Articles 226 and 227 of Constitution of India to set aside the judgment and award dated 17.12.2005 in MA (EAT) No.7 of 2003 passed by City Civil Court (EAT), Bengaluru. It is stated that the counsel who was appearing for the petitioner sought permission to retire from the case and this Court by order dated 11.1.2008 permitted the counsel to retire from the case. As the petitioner had not engaged any other counsel to prosecute the case, the petition was dismissed by order dated 25.7.2011 for non prosecution. I.A. No.1 of 2015 was filed to condone the delay of 1470 days in filing the recalling application. The learned Single Judge on hearing the parties to the petition declined to condone the delay and dismissed the application for recalling. Aggrieved by the same, the petitioner is in appeal.

(3.) Heard the learned counsel for the appellant and learned counsel for the respondents. Perused the appeal papers.