01Facts
The appellants filed this writ appeal under Section 4 of the Karnataka High Court Act, challenging the Single Judge’s order dated 25 September 2018 in W.P. Nos. 36773–36777/2018 and W.P. Nos. 38748–38847/2018.
pp. 6–7They sought to set aside that order and obtain interim relief pending disposal of the writ petitions. When the appeal was taken up in the first call and again in the revised call, no one appeared for the appellants to press it.
pp. 6–702Issues
i.Whether the appeal should be dismissed for non-prosecution when the appellants were unrepresented in both the first and revised calls.
p. 603Law Applied
The appeal was brought under Section 4 of the Karnataka High Court Act.
p. 6The Court applied the procedural principle that an appeal may be dismissed for non-prosecution where the appellants do not appear to pursue it when called for hearing.
pp. 6–7Provisions in the judgment · 1 · Linked ones open on LawLens
KARNATAKA HIGH COURT ACT, 1961 Section 4
04Reasoning
The Court recorded that there was no representation for the appellants in either the first call or the revised call and that the appeal was therefore not pressed.
p. 6In those circumstances, the Court concluded that it had no option but to dismiss the appeal for non-prosecution.
p. 605Holding
The Court dismissed the writ appeal for non-prosecution.
p. 7It did not determine the merits of the challenge to the Single Judge’s order or grant the interim relief sought.
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M/S POPULAR ADVERTISERSvsSTATE OF KARNATAKA
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