Boya Maddamma, v. Boya Maddileti

HON'BLE SRI JUSTICE G. CHANDRAIAH & HON'BLE SRI JUSTICE A. SHANKAR NARAYANA C.M.A. No. 648 of 2015 DATE: 15.03.2016 Between:

Boya Maddamma .. Appellant And Boya Maddileti and 6 others .. Respondents

JUDGMENT:- (per Hon'ble Sri Justice G. Chandraiah) The Civil Miscellaneous Appeal is directed against the order dated 22.06.2015 in S.O.P.No. 2 of 2013 passed by the Senior Civil Judge, Nandikotkur, Kurnool District, whereby the petition filed by the 1st respondent herein under Section 372 of Indian Succession Act to issue succession certificate in his favour to receive the amount deposited by late J.Nagamma in the Post Office, Nandikotkur, was allowed.

This Court, in the month of December, 2015, in C.M.A.M.P.No. 1380 of 2015, while ordering notice to the respondents, granted interim suspension of the impugned order.

Thereafter, the matter underwent several adjournments, and on 16.02.2016, when the matter was called, there was no representation, as such, this Court directed the matter to be listed under the caption "for dismissal" after four weeks. Today, when the matter is taken up for hearing, no representation is made on behalf of the appellant. The learned counsel for the respondents is present. Therefore, it appears that the appellant is not interested in prosecuting the matter any further.

Hence, this Civil Miscellaneous Appeal is dismissed for non-prosecution. No order as to costs.

As a sequel to the dismissal of the Appeal, Miscellaneous Petitions, if any pending, shall stand disposed of as infructuous.

_________________ G. CHANDRAIAH, J 15.03.2016 ______________________ A. SHANKAR NARAYANA,J bcj