M/S.Masid Managing Committee vs Mr.Shaik Mahaboob
2023 Latest Caselaw 2400 Tel

     HONOURABLE SMT JUSTICE P. SREE SUDHA

           SECOND APPEAL NO. 517 OF 2004

JUDGMENT:

When the matter is taken up for hearing, there was

no representation for the appellant in spite of posting the

matter under the caption 'for dismissal' on 11.08.2023.

2. It is represented that learned counsel for the

appellant has passed away and he is no more. Thereafter

the appellant has not taken any steps to prosecute the

matter despite the matter has been posted 'for dismissal'.

3. Initially, plaintiff had filed a batch of suits against

various defendants for recovery of possession of plaint

schedule property and for mesne profits and the suit was

decreed. In the appeal, some of cases are partly decreed

and some are dismissed. The unsuccessful appellant filed

the present Second Appeal against the said judgment and

decree.

4. A perusal of the record shows that the Second Appeal

has been filed in the year 2004. The learned counsel for

the appellant is not evincing any interest to pursue the

appeal. No purpose is served if the Second Appeal is kept

pending.

5. Accordingly, the Second Appeal is dismissed for non-

prosecution. No order as to costs.

Pending miscellaneous applications, if any, shall

stand closed.

                                       _____________________
                                        P. SREE SUDHA, J
Date:    14.09.2023

Skj.