Banda Shoury vs Mandali Prameela
2023 Latest Caselaw 2601 Tel

    THE HONOURABLE Dr. JUSTICE G. RADHA RANI

                SECOND APPEAL No.1207 of 2009

JUDGMENT:

This second appeal is filed by the appellant-respondent-

plaintiff No.1 against the judgment dated 07.10.2009 passed in

A.S. No.85 of 2007 by the District Judge, Khammam, whereby the

judgment and decree dated 17.08.2007 passed in O.S. No.53 of

1994 by the Principal Senior Civil Judge, Kothagudem, was set

aside.

2. When the matter is taken up for hearing, learned counsel

for the respondents submitted that they filed a memo dated

27.12.2021 reporting the death of respondent No.1 along with the

death certificate of respondent No.1 and the family member

certificate, but no steps were taken by the appellant till date.

3. Considering the said submission and as the learned

counsel for the appellant also reported that there were no

instructions from his client, it is considered fit to dismiss the

second appeal for default.

4. Accordingly, 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 September 21, 2023 KTL