Shaik Khaderbee And Another v. M.V.Subba Reddy And Others
HON'BLE SRI JUSTICE A. SHANKAR NARAYANA S.A.MP.Nos.1129 AND 1130 OF 2011 IN/AND SECOND APPEAL No.216 OF 1999 COMMON JUDGMENT:
S.A.MP.No.1129 of 2011 is filed seeking to bring the legal representatives of deceased respondent No.3 as party respondent Nos.5 to 12.
2. S.A.MP.No.1130 of 2011 is filed seeking to bring the legal representatives of deceased respondent No.4 as party respondent Nos.13 to 16.
3. Earlier, this Court, by orders, dated 03.01.2012, 30.10.2012 and 25.06.2014, granted time to the appellants for payment of batta and for taking steps, if any, with default clause to the effect that the Second Appeal stands dismissed without reference to the Court. Since there was no representation for the appellants on the previous date of adjournment, Registry was directed to list the aforesaid Miscellaneous Petitions along with the Second Appeal under the caption "for dismissal".
4. Today also, there is no representation for the appellants, despite listing the matter under the caption "for dismissal".
5. Hence, S.A.MP.Nos.1129 and 1130 of 2011 are dismissed for non-prosecution. Consequently, the Second Appeal stands dismissed
for non-prosecution as against respondent Nos.1 and 2, and dismissed as abated as against respondent Nos.3 and 4.
6. Miscellaneous Petitions, if any, pending in this Second Appeal, shall stand closed. There shall be no order as to costs. ___________________________ A. SHANKAR NARAYANA, J June 08, 2017.
MD