THE HON'BLE SRI JUSTICE A.VENKATESHWARA REDDY
CITY CIVIL COURT APPEAL No.270 of 2004
JUDGMENT:
None appears for the appellants. Perused the proceedings dated 27.01.2023. Learned counsel for the appellants has filed a memo dated 21.12.2022 stating that he has sent a notice to the appellants to approach him but inspite of sending notice, appellants are not evincing any interest. On 27.01.2023 also the learned counsel for the appellants requested time on the premise that his client is not in contact with him and requested short time for getting instructions of the appellants. At his request only, the matter was directed to be listed today under the caption 'for dismissal'.
2. Hence, presence or representation on behalf of the appellants is felt essential more so in view of the fact that this City Civil Court Appeal is pending for the last two decades i.e., from 2004 onwards.
3. The proceedings further shows that learned counsel for respondent/defendants has been insisting continuously for disposal of the Appeal on merits. However, considering the Scheme of Order 41 of Civil Procedure Code, conduct of the appellant memo dated 21.12.2022 with the undelivered postal cover and the proceedings dated 27.01.2023, I find no justification to adjourn the matter in the absence of proper representation. Accordingly, this City Civil Court Appeal is dismissed for default for non-prosecution.
In the circumstances of the case, there shall be no order as to the costs. Miscellaneous applications, if any pending, shall stands closed.
________________________________ A.VENKATESWHARA REDDY, J 09-02-2023 SA