Rama Upadhyaya vs Arvind Upadhyaya
2022 Latest Caselaw 2711 Tel

      THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER
                        AND
     THE HON'BLE SMT. JUSTICE JUVVADI SRIDEVI

                       I.A.No.1 of 2018
                            in/and
                    F.C.A. No.563 of 2018

COMMON JUDGMENT:

      No representation for both sides.

2.    I.A.No.1 of 2018 is filed by the petitioner/appellant

under Section 5 of Limitation Act, to condone the delay of 64

days in filing the appeal.


3.    On 20.04.2022, this Court was pleased to pass the

following order in I.A.No.1 of 2018 in F.C.A.No.563 of 2018:


      "Heard. Perused the record.
      Issue fresh notice to the respondent.

Fresh personal notice by RPAD is also permitted. Post on 14.06.2022.

It is made clear that if the petitioner fails to serve notice on the respondent by the next date of hearing as directed above, this application and the FCA stands dismissed."

4. The office endorsement dated 13.06.2022 reveals that

proof of service of notice on the respondent is not filed as on

that date. Though the appeal was filed in the year 2018, till

today, notice is not served on the contesting respondent. It

appears that the appellant has no interest to pursue the

matter.

5. Under these circumstances, I.A.No.1 of 2018 is

dismissed for default. Consequently, F.C.A stands rejected.

Miscellaneous Petitions, if any, pending in this appeal

shall stand closed. There shall be no order as to costs.

______________________ Dr. SHAMEEM AKTHER, J

___________________ JUVVADI SRIDEVI, J Date: 14.06.2022 scs