Malla Rajanarsu vs The Singareni Collieries Co. ...
2023 Latest Caselaw 1985 Tel

      THE HONOURABLE DR.JUSTICE G. RADHA RANI

                    SECOND APPEAL No.75 of 2009
JUDGMENT:

This appeal is filed by the appellant against the judgment and decree

passed in A.S.No.45 of 1998 dated 05.06.2007 by the Additional Senior Civil

Judge (FTC), Kothagudem, invoking provisions of Public Premises (Eviction of

unauthorized occupant) Act, 1971 as against the judgment and decree passed in

O.S.No.147 of 1995 dated 03.09.1998 by the Principal Junior Civil Judge,

Kothagudem.

2. When the matter came up for hearing on 17.08.2023, there was no

representation by the learned counsel for the appellant. Accordingly, the matter

was directed to be posted to 04.09.2023 under the caption 'for dismissal'. Even

today also, there is no representation by the learned counsel for the appellant

though the matter is posted under the caption 'for dismissal'. It appears that the

appellant is not interested in prosecuting the matter.

3. As the appellant is not evincing any interest in proceeding with the

matter and no steps were taken to bring the legal representatives of the

deceased sole appellant on record, it is considered fit to dismiss the appeal as

abated.

4. Accordingly, the Second Appeal is dismissed as abated. No order as

to costs.

As a sequel, miscellaneous applications pending in this appeal, if any,

shall stand closed.

____________________ Dr. G.RADHA RANI, J Date: 4th September, 2023 Nsk.