T.Rameswaramma And 4 ORS v. Y.Maheswara Reddy And ANR

THE HON'BLE SRI JUSTICE T. SUNIL CHOWDARY C.M.A.No.1344 of 2012 JUDGMENT:

This appeal is filed under Order 43 Rule 1 of CPC challenging the order dated 05.09.2012 passed in I.A.No.638 of 2011 in I.A.No.588 of 2010 in MVOP No.791 of 2008 on the file of the Chairman, Motor Accidents Claims Tribunal‐cum‐VI Additional District Judge, Kurnool. On 21.07.2016 this court passed the following order: "Learned counsel for the appellant/s is permitted to take out personal notice as against respondent No.2 through Registered Post with Acknowledgement Due and file proof of service within four (04) weeks. Failing which, appeal shall stand dismissed without reference to the Court as against respondent No.2.

A perusal of the record reveals that the appellants have not complied with the order of this court. Hence the appeal against respondent No.2 is dismissed.

The present appeal is not maintainable without the presence of the respondent No.2. No purpose will be served in keeping the appeal. Hence the appeal is dismissed. Consequently, miscellaneous petitions, if any, pending in this miscellaneous appeal, shall stand closed. ____________________ T.SUNIL CHOWDARY, J.

Date: 13th July, 2018.

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