C. Sarada vs C. Badrinath

Item No.42

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

                         F.C.A.No.13 of 2008

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


1.    On 09.03.2021, as none had appeared for the appellant and this

court was informed that learned counsel, who had filed the appeal,

had expired, learned counsel for the respondent was requested to give

a written intimation of the next date of hearing directly to the appellant and place on record proof of receipt of intimation.

2. Today, learned counsel for the respondent states that he had sent a letter to the appellant by registered post with acknowledgement due at the address mentioned in the Memo of parties which has been returned yesterday stating that nobody by the said name resides at the address given. He states that he had also informed the junior colleagues of the deceased counsel for the appellant about the pendency of the present appeal over telephone. Despite that, none is present on behalf of the appellant.

3. Learned counsel for the respondent is directed to place on record the proof of return of the article sent by registered post within one week on an affidavit.

4. 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 24.03.2021 Lrkm F.C.A.No.13 of 2008 Page 2 of 2