Shaikh Mustaba Sab v. Narepalle Hussain Peeran

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY SECOND APPEAL No.555 OF 2000 JUDGMENT:

This Second Appeal is filed by the unsuccessful plaintiff, under Section 100 of C.P.C., assailing the judgment and decree dated 30.11.1998 passed in A.S.No.19 of 1996 on the file of the Court of the Additional District Judge, Anantapur, wherein and whereby the judgment and decree dated 29.02.1996 passed in O.S.No.104 of 1988 on the file of the Court of the District Munsif, Dharmavaram, dismissing the suit filed by the plaintiff for perpetual injunction, was confirmed.

Learned counsel for the respondent filed a memo stating that the sole respondent passed away in the year 2016. Learned counsel for the appellant submitted that in spite of notice issued by him, the appellant did not turn up. No steps are taken to bring the legal representatives of the deceased sole respondent. It appears that the appellant is not interested to prosecute the appeal.

Hence, the Second Appeal is dismissed. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in this Second Appeal shall stand closed. _________________________ T. SUNIL CHOWDARY, J Date: 30.10.2018 Ivd