Citation : 2023 Latest Caselaw 3019 Tel
Judgement Date : 9 October, 2023
THE HONOURABLE Dr. JUSTICE G. RADHA RANI
SECOND APPEAL No.679 of 2009
JUDGMENT:
This second appeal is filed by the appellant-respondents 1, 2
& 8 to 19-LRs of defendants 1 & 2 against the judgment and
decree dated 09.04.2009 passed in A.S. No.62 of 2006 by the
learned III Additional District & Sessions Judge (Fast Track Court)
at Medak, setting aside the judgment and decree dated 26.06.2006
passed in O.S. No.80 of 1997 by the learned Senior Civil Judge,
Medak.
2. When the matter was taken up for hearing on 17.08.2023
there was no representation by the learned counsel for the
appellants. Hence, the matter was directed to be posted to
05.09.2023 under the caption 'for dismissal'. On 05.09.2023
learned counsel for the appellants requested for time on the ground
that their senior was suffering with fever. Therefore, the matter
was directed to be posted to 19.09.2023 under the same caption.
On 19.09.2023 also learned counsel for the appellants requested for
time. Hence, the matter was directed to be posted to 04.10.2023 as
a last chance. Today, when the matter is taken up, none appeared
on behalf of the appellants and there is no representation by the
learned counsel for the appellants.
3. As the appellants are not evincing any interest in
prosecuting the matter, it is considered fit to dismiss the appeal for
default.
4. Hence, the second appeal is dismissed for default. No
order as to costs. As a sequel, miscellaneous applications, pending
if any, shall stand closed.
______________________ Dr. G. RADHA RANI, J October 09, 2023 KTL
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