Smt.Singarapu Peddamma Anr vs M.Ravi Anr
2021 Latest Caselaw 946 Tel

    THE HON' BLE SRI JUSTICE CHALLA KODANDA RAM

                       C.M.A.No. 269 of 2006

JUDGMENT:

This Appeal is filed by the appellants - legal heirs of the

deceased workman Singarapu Mahender, who was employed as

driver by Respondent No.1 on jeep bearing Registration No. APG

5115 on a monthly wage of Rs.2,000/- and a daily batta of

Rs.50/-. According to them, their son died on 10.04.1998 during

the course of employment, hence, claimed a compensation of

Rs.2,18,470/-.

The 2nd appellant was no more even at the time of filing

W.C.No. 49 of 2002.

Learned counsel for the appellant filed the memo dated

22.03.2021which reads as under:

" It is submitted that in the above case the counsel for appellant/petitioner has sent a notice to the appellant / petitioner on 13.03.2017 with a subject intimation of withdrawal of my vakalathnama in C.M.A.No. 269 of 2006 pending on the file of Hon'ble High Court by stating that the trial Court advocate Mr. J. Venugopal Rao, Advocate, Karimnagar, Cell No. 9849293031 entrusted the above-said case, since from the date of filing of appeal the said advocate is not cooperating for completion of appeal and finally consented to collect the bundle with no objection vakalath on behalf of appellant, inspite of the same he could not collect the No objection vakalath as on today, apart from the same I am having personal inconvenience to do the said appeal, hence, I addressed a notice to the appellant by Registered Post with ack. due by enclosing a no objection vakalath along with case papers and directed to engage another counsel.

I further submit that after sending the same to the appellant the Registered Post notice was returned with an endorsement that the said person is expired, hence, returned (ee peru gala vyakthi chani povuta valana vaapasu cheyyaninadi) and I am herewith filing the copy of notice, Registered Postal receipt and copy of returned RPAD cover, for the kind perusal of the Hon'ble Court and as well I do not know the particulars of the legal heirs of the deceased

appellant due to non-cooperation of the trial Court Advocate, J. Venugopal Rao, Karimnagar.

Hence, I may be permitted to withdraw my vakalath (Kotagiri Sreedhar, Advocate) in C.M.A.No. 269 of 2006 pending on the file of this Hon'ble High Court."

In the light of the above memo, since the 1st appellant also

died and there is no information with regard to the legal heirs, the

Civil Miscellaneous Appeal is closed for non-prosecution, however,

if any of the legal heirs comes forward in future seeking restoration

of the Appeal, the same may be considered liberally. No costs.

Miscellaneous petitions, if any pending, shall stand closed.

____________________________ CHALLA KODANDA RAM, J 24th March 2021

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