HONOURABLE SMT JUSTICE P. SREE SUDHA
SECOND APPEAL NO. 517 OF 2004
JUDGMENT:
When the matter is taken up for hearing, there was no representation for the appellant in spite of posting the matter under the caption 'for dismissal' on 11.08.2023.
2. It is represented that learned counsel for the appellant has passed away and he is no more. Thereafter the appellant has not taken any steps to prosecute the matter despite the matter has been posted 'for dismissal'.
3. Initially, plaintiff had filed a batch of suits against various defendants for recovery of possession of plaint schedule property and for mesne profits and the suit was decreed. In the appeal, some of cases are partly decreed and some are dismissed. The unsuccessful appellant filed the present Second Appeal against the said judgment and decree.
4. A perusal of the record shows that the Second Appeal has been filed in the year 2004. The learned counsel for the appellant is not evincing any interest to pursue the appeal. No purpose is served if the Second Appeal is kept pending.
5. Accordingly, the Second Appeal is dismissed for non- prosecution. No order as to costs.
Pending miscellaneous applications, if any, shall stand closed.
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P. SREE SUDHA, J
Date: 14.09.2023
Skj.