RAFI AHMED MIR Vs. ABDUL REHMAN BHAT

JUDGEMENT

(1.) DESPITE passing a detailed order on last date which reads as under : The matter is being deferred and adjourned for last over one year, on request of some advocate appearing for petitioners counsel to seek instructions. Yet instructions are not reported nor the case is being prosecuted. The effective proceedings are withheld, because petitioner appears not interested. However, Mr. M. A. Qadri, Advocate, submits that he may be given just one weeks time to report the instructions and to make a statement before the Court whether petitioner is at all to prosecute the writ petition. List next week." Neither the petitioner nor his counsel has appeared to prosecute the petition. It appears to be a case of thorough default in prosecution.

(2.) IN Dr. P. Nalla Thampy Thera v. B. L. Shanker, AIR 1984 SC 135 (para 20) a three Judge bench of the Apex Court speaking through his Lordship Ranganath Misra, J. observed :