THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER
AND
THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA
CIVIL MISCELLANEOUS APPEAL No.1074 of 2005
JUDGMENT: (Per the Hon'ble Dr.SA,J)
This appeal, under Section 28 of Hindu Marriage Act, 1955,
is filed by the appellant/wife, challenging the order and decree
dated 31.07.2003 passed in O.P.No.57 of 2000 by the learned
Senior Civil Judge, Miryalaguda, wherein the subject O.P filed by
the respondent/husband under Section 9 of Hindu Marriage Act,
seeking to pass a decree for restitution of conjugal rights directing the petitioner/wife to join the company of the respondent/husband to lead conjugal life, was allowed.
2. No representation for both sides.
3. On 18.04.2022, when the matter came up for hearing, the learned counsel for the respondent/husband brought to the notice of this Court that Sri Koona Reddy Anji Reddy, learned counsel on record for the appellant/wife passed away sometime back. Therefore, this Court directed the Registry to issue notice to the appellant. Accordingly, notice was sent to the appellant. The Registry made an endorsement that "notice sent to the appellant 2 not yet returned and no Vakalat is filed till today".
4. This appeal was filed in the year 2005. Till today, the appellant did not evince any interest to contact her counsel on record or find out what is the stage of the case. In view of these circumstances, it appears that the appellant has no interest in pursuing the appeal. There are laches on the part of the appellant.
5. Accordingly, this appeal is dismissed for default.
Miscellaneous petitions, if any, pending in this appeal shall stand closed. No costs.
______________________ Dr. SHAMEEM AKTHER, J ______________________ NAGESH BHEEMPAKA, J Date: 13.10.2022 scs