Shaik Hayat Bi v. G. Subhani

HON'BLE SRI JUSTICE A. SHANKAR NARAYANA APPEAL SUIT No.384 OF 2008 ORAL ORDER:

When the matter was called on 01.02.2018, there was no representation for the appellant, whereas learned counsel for the respondents was present. Therefore, Registry was directed to list the present appeal under the caption 'for dismissal'. Today also, there is no representation for the appellant. Learned counsel for the respondents is present and he would submit that in the year 2012, a memo was served on the learned counsel for the appellant - plaintiff reporting the death of the 2nd respondent, but even then, the appellant has not taken relevant steps to bring on record the legal representatives of the deceased 2nd respondent. Be that as it may, since there is no representation for the appellant even today, it appears the appellant is not inclined to prosecute the present appeal suit.

Hence, the present appeal is dismissed for non-prosecution. As a sequel thereto, miscellaneous applications, if any, pending in the appeal, stand closed.

___________________________ A. SHANKAR NARAYANA, J February 06, 2018 v v