Kota Uma Jyothi vs Kota Sridhar

Item No.26




       THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
                          AND
       THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY

                         F.C.A.No.409 OF 2013

JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)

1.     On 20.02.2020, when this matter was listed before the predecessor

Bench, it was observed that learned counsel for the appellant had not

been appearing and it was made clear in the order dated 26.11.2019 that

in case he does not appear on the next date, the case would be dismissed

for non-prosecution. A copy of the said order was sent to the appellant,

but it was returned with an endorsement that no one resides at the said

address.     The respondent, who appeared in person, was directed to

personally serve a copy of the order dated 26.11.2019 on the appellant and the appellant was directed to appear on the next date of hearing. Thereafter, no further orders have been passed in the present appeal. The respondent, who appears in person, states that he had complied with the order dated 20.02.2020 by effecting personal service on the appellant, who was duly served on 04.03.2020.

2. It appears that the appellant is not interested in prosecuting the present appeal, which is accordingly dismissed in default and for non-prosecution along with the pending applications, if any.

_________________ HIMA KOHLI, CJ ______________________ B. VIJAYSEN REDDY, J 31.03.2021 Lrkm