M/S.United India Insurance Company Ltd v. Kum.Sijana Rani

HONOURABLE SRI JUSTICE A. SHANKAR NARAYANA C.M.A. No.4217 of 2004 ORAL ORDER:

This Court on 8.2.2016 passed the order thus: "Learned counsel for the appellant/s is permitted to take out personal notice to the un-served respondents by RPAD and file proof of service within three weeks.

In default, the appeal shall stand dismissed as against the respondents who are not served.

It is made clear that wherever substituted service is necessary, learned counsel for the appellant/s is permitted to file appropriate application seeking permission to take out substituted service. List after three weeks."

The office note reads thus:

"C.O. Not complied. Hence, given effect."

When the matter was listed on 11.8.2017, at the request of the learned counsel for the appellant adjourned to 18.8.2017 for verification or to take appropriate steps. But, it is listed today. No steps have been taken. It is clear from the record that notices on respondents 1 and 2 were not served.

The order dated 8.2.2016, already worked out and nothing survives for adjudication in the present appeal. Therefore, there is no need to pass any further orders.

__________________________ A. SHANKAR NARAYANA, J Dt. 28.08.2017 gbs