Smt C. Mallika vs Sullur Siva Kumar Reddy
2023 Latest Caselaw 683 Tel

THE HON'BLE SRI JUSTICE A.VENKATESHWARA REDDY
       CITY CIVIL COURT APPEAL No.270 of 2004

JUDGMENT:

None appears for the appellants. Perused the proceedings

dated 27.01.2023. Learned counsel for the appellants has filed

a memo dated 21.12.2022 stating that he has sent a notice to

the appellants to approach him but inspite of sending notice,

appellants are not evincing any interest. On 27.01.2023 also

the learned counsel for the appellants requested time on the

premise that his client is not in contact with him and requested

short time for getting instructions of the appellants. At his

request only, the matter was directed to be listed today under

the caption 'for dismissal'.

2. Hence, presence or representation on behalf of the

appellants is felt essential more so in view of the fact that this

City Civil Court Appeal is pending for the last two decades i.e.,

from 2004 onwards.

3. The proceedings further shows that learned counsel

for respondent/defendants has been insisting continuously for

disposal of the Appeal on merits. However, considering the

Scheme of Order 41 of Civil Procedure Code, conduct of the

appellant memo dated 21.12.2022 with the undelivered postal cover and the proceedings dated 27.01.2023, I find no

justification to adjourn the matter in the absence of proper

representation. Accordingly, this City Civil Court Appeal is

dismissed for default for non-prosecution.

In the circumstances of the case, there shall be no order

as to the costs. Miscellaneous applications, if any pending,

shall stands closed.

________________________________ A.VENKATESWHARA REDDY, J

09-02-2023 SA