Smt.Battu Sunitha vs Mr.Battu Ravi
2022 Latest Caselaw 5106 Tel

       THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER
                         AND
     THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA

      CIVIL MISCELLANEOUS APPEAL No.1074 of 2005

JUDGMENT: (Per the Hon'ble Dr.SA,J)

      This appeal, under Section 28 of Hindu Marriage Act, 1955,

is filed by the appellant/wife, challenging the order and decree

dated 31.07.2003 passed in O.P.No.57 of 2000 by the learned

Senior Civil Judge, Miryalaguda, wherein the subject O.P filed by

the respondent/husband under Section 9 of Hindu Marriage Act,

seeking to pass a decree for restitution of conjugal rights

directing the petitioner/wife to join the company of the

respondent/husband to lead conjugal life, was allowed.

2. No representation for both sides.

3. On 18.04.2022, when the matter came up for hearing, the

learned counsel for the respondent/husband brought to the notice

of this Court that Sri Koona Reddy Anji Reddy, learned counsel on

record for the appellant/wife passed away sometime back.

Therefore, this Court directed the Registry to issue notice to the

appellant. Accordingly, notice was sent to the appellant. The

Registry made an endorsement that "notice sent to the appellant

not yet returned and no Vakalat is filed till today".

4. This appeal was filed in the year 2005. Till today, the

appellant did not evince any interest to contact her counsel on

record or find out what is the stage of the case. In view of these

circumstances, it appears that the appellant has no interest in

pursuing the appeal. There are laches on the part of the

appellant.

5. Accordingly, this appeal is dismissed for default.

Miscellaneous petitions, if any, pending in this appeal shall

stand closed. No costs.

______________________ Dr. SHAMEEM AKTHER, J

______________________ NAGESH BHEEMPAKA, J Date: 13.10.2022 scs