L.Gopinath Goud And 3 Others v. Vijay Kumar And 3 Others

THE HON'BLE SRI JUSTICE M. SEETHARAMA MURTI Appeal Suit No.2897 of 1999 JUDGMENT:

On 26.10.2017 learned counsel for the appellants sought time. Therefore, this Court directed for final posting of the appeal suit on 09.11.2017 and observed that if there is no progress in the matter from the side of the appellants on that day, appropriate orders will be passed. On 29.01.2018, the appeal suit was listed. There was no representation for the appellants. However, learned counsel for the contesting respondents was present. Therefore, this Court directed to list the matter on 31.01.2018 under the caption 'for dismissal'. On 31.01.2018, there was no representation for the appellants. Further, on that day also learned counsel for the contesting respondents was present. Therefore, this Court directed to list the appeal suit on 07.02.2018 under the caption 'for dismissal'. On 07.02.

2018 a request was made to adjourn the matter to 22.02.2018. On 22.02.2018 also there was no representation for the appellants. Hence, the matter was directed to be listed today under the same caption 'for dismissal'. Today also, there is no representation for the appellants. The above conduct of the appellants indicates that the appellants are not interested in prosecuting the appeal suit.

2) Today, learned counsel appearing for the contesting respondents is present.

3) In the result, the appeal suit is dismissed for default. No costs. Miscellaneous petitions pending, if any, shall stand closed.

_____________________________ M. SEETHARAMA MURTI, J 14.03.2018 Rns