P.Jagannath Reddy Another vs G.Vijaya
2022 Latest Caselaw 2668 Tel

          THE HONOURABLE SRI JUSTICE M.LAXMAN

                SECOND APPEAL NO.340 OF 1999


JUDGMENT:-


1.

The present Second Appeal is filed aggrieved by the

judgment and decree dated 30.10.1998 in A.S.No.3 of 1997, on

the file of the Senior Civil Judge, Huzurabad, which was filed

against the judgment and decree dated 14.02.1990 in

O.S.No.1453 of 1887, on the file of the District Munsif,

Huzurabad.

2. The docket proceedings of this case show that when the

appeal is listed on 28.10.2021, there was no representation on

both sides and the matter is posted to 11.11.2021 under the

caption "For Dismissal". Subsequently, the matter underwent

adjournment on 12.11.2021, 19.11.2021, 03.12.2021 on one or

the other reasons. On 28.12.2021, a representation was made

by the counsel for appellants that the 1st appellant died and

sought time to take steps for bringing the LRs on record. Again,

the matter underwent adjournment on 18.01.2022, 11.03.2022

and 07.06.2022. There was no appearance from the appellant's

side and no steps have been taken for more than nearly six

months to bring the LRs of the died appellant.

3. Today also, there is no representation from the appellants

even the matter is listed under the caption "For Dismissal". The

ML,J SA.No.340 of 1999

docket proceedings itself indicate that there is no proper

pursuance of the matter by the appellants. Therefore, this

Court sees no option except to dismiss the appeal for non-

prosecution.

4. Hence, the Second Appeal is dismissed for non-

prosecution. There shall be no order as to costs.

5. Miscellaneous petitions, if any pending, shall stand

closed.

_____________________ JUSTICE M.LAXMAN

Dt.13.06.2022 ysk

ML,J SA.No.340 of 1999

THE HONOURABLE SRI JUSTICE M.LAXMAN

SECOND APPEAL NO.340 OF 1999

Dt.13.06.2022 ysk