Citation : 2023 Latest Caselaw 105 Tel
Judgement Date : 5 January, 2023
THE HON'BLE SRI JUSTICE M.LAXMAN
CIVIL MISCELLANEOUS APPEAL No.3106 of 2004
JUDGMENT:
1. This Court, on 08.02.2016, has directed the appellants to
take out personal notice on the unserved respondents, in default,
the appeal stands dismissed as against the unserved respondents
and also gave permission to file appropriate application for
substituted service, if necessary. Such direction has not been
complied with.
2. Thereafter, on 04.01.2023, when the matter was taken up
for hearing, there was no representation for the appellants, and
therefore, the matter was directed to be post on 05.01.2023 under
the caption "for dismissal".
3. Today, even though the matter is listed under the caption
"for dismissal", learned Government Pleader appearing for the
appellants seeks time on the ground that they have not case
bundles. It appears that the learned counsel for the appellants is
not ready to argue the case. This shows that the appellants are
not evinced any interest in prosecuting the case. The appeal is of
the year 2004.
4. In the said circumstances, I do not find any valid ground to
adjourn the case.
5. Accordingly, this Civil Miscellaneous Appeal is dismissed. No
costs. Miscellaneous petitions pending, if any, shall stand closed.
______________________
JUSTICE M.LAXMAN
05.01.2023 Dua
THE HON'BLE SRI JUSTICE M.LAXMAN
CIVIL MISCELLANEOUS APPEAL No.3106 of 2004
05.01.2023 Dua
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