C. Sarada vs C. Badrinath
2021 Latest Caselaw 977 Tel

Item No.42

     THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
                        AND
     THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY

                         F.C.A.No.13 of 2008

JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)


1.    On 09.03.2021, as none had appeared for the appellant and this

court was informed that learned counsel, who had filed the appeal,

had expired, learned counsel for the respondent was requested to give

a written intimation of the next date of hearing directly to the

appellant and place on record proof of receipt of intimation.

2. Today, learned counsel for the respondent states that he had

sent a letter to the appellant by registered post with acknowledgement

due at the address mentioned in the Memo of parties which has been

returned yesterday stating that nobody by the said name resides at the

address given. He states that he had also informed the junior

colleagues of the deceased counsel for the appellant about the

pendency of the present appeal over telephone. Despite that, none is

present on behalf of the appellant.

3. Learned counsel for the respondent is directed to place on

record the proof of return of the article sent by registered post within

one week on an affidavit.

4. It appears that the appellant is not interested in prosecuting the

present appeal, which is accordingly dismissed in default and for

non-prosecution along with the pending applications, if any.

_________________ HIMA KOHLI, CJ

______________________ B. VIJAYSEN REDDY, J 24.03.2021 Lrkm