Syed Samad vs A.P. State Financial Corporation ...
2022 Latest Caselaw 3269 AP

     THE HON'BLE SRI JUSTICE TARLADA RAJASEKHAR RAO

                        C.M.A.No.9 of 2006

JUDGMENT:-

       The present Civil Miscellaneous Appeal is filed against the

Order dated 06.10.2004 in F.C.O.P.No.450 of 1998.


2.     Heard   Sri   G.R.   Sudhakar,    learned    counsel   for   the

respondents.

3. The 2nd respondent herein availed loan of Rs.3,50,000/- for

the purpose of purchasing a lorry by mortgaging immovable

property at Kurnool. The appellant herein stood as a guarantor

and also created mortgage by depositing of title deeds in respect of

his property as collateral security. The 2nd respondent herein

failed to pay the installments and committed default. The Andhra

Pradesh State Financial Corporation filed F.C.O.P.No.451 of 1998

for sale of the property and the same was decreed. Questioning

the same, the present Civil Miscellaneous Appeal is filed before

this Court.

4. Sri G.R. Sudhakar, learned counsel for the respondents

stated that. in similar circumstances, arising out of the same

parties, C.M.A.No.5 of 2006 was dismissed for non-prosecution.

Hence, he prayed to dismiss this Appeal for non-prosecution.

5. The matter was listed on 24.06.2022. As there was no

representation for both sides, the matter was directed to be listed

under the caption, "for dismissal" to today. But today also, there

is no representation for the appellant. As there was no

representation for the appellant in the connected matter i.e.,

C.M.A.No.5 of 2006, it was dismissed for non-prosecution. Hence,

the present Civil Miscellaneous Appeal is also dismissed for non-

prosecution.

6. Accordingly, the Civil Miscellaneous Appeal is dismissed for

non-prosecution. No costs.

Miscellaneous Petitions pending, if any, shall stand closed.

________________________________________ JUSTICE TARLADA RAJASEKHAR RAO

Date: 01.07.2022 EPS

THE HON'BLE SRI JUSTICE TARLADA RAJASEKHAR RAO

C.M.A.No.9 of 2006

Date: 01-07-2022

EPS