Avula Subrahmanyam And Others v. Avula Naradsimhulu And Another

THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI APPEAL SUIT No.2950 of 1996 JUDGMENT:

On 30.01.2018, this Appeal Suit was adjourned to 14.02.2018 at the request of the learned counsel for the appellants. On 14.02.2018, as there was no representation for the appellants, this Court directed the Appeal Suit to be listed on 21.02.2018 under the caption "for dismissal". On 21.02.2018, learned counsel for the appellants submitted that a registered letter was addressed to the appellants and that the same was returned with postal endorsement "No such addressee" and that, therefore, the learned counsel is not in a position to contact the appellants. However, on that day, further time was sought to make one more attempt to contact the appellants. Therefore, the matter was directed to be listed today under the same caption. However, today, learned counsel for the appellants would submit that as per the information furnished by the counsel on record in the proceedings before the trial Court, one of the appellants died. However, no steps are taken. The above conduct of the appellants indicates that the appellants are not interested in prosecuting the Appeal Suit.

2.

In the result, the Appeal Suit is dismissed for default. There shall be no order as to costs.

Pending miscellaneous petitions, if any, shall stand closed in the light of this final order.

______________________________ M.SEETHARAMA MURTI, J Date: 28th February, 2018 KL

THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI APPEAL SUIT No.2950 of 1996 MSRM, J A.S.No.2950 of 1996 Date: 28th February, 2018 KL