Single judge dismissed an appeal for non-prosecution after the appellant failed to appear on multiple listing dates despite dire listings and a final adjournment.
The appeal is dismissed for non-prosecution.
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THE HON'BLE MS JUSTICE J.UMA DEVI
M.A.C.M.A No.2381 of 2013
JUDGMENT:
Proceedings sheet discloses that when the matter was taken up for hearing on the earlier occasion i.e, on 27.06.2019 none appeared on behalf of the appellant, hence, the matter was directed to be listed under the caption “for dismissal”. Though the matter was listed under the caption “for dismissal” for four times, i.e., on 06.08.2019, 13.08.2019, 20.08.2019 and 27.08.2019, none appeared for the appellant and there was no representation on its behalf. However, to provide one more opportunity of hearing, the case was further adjourned by one week by posting it under the same caption. Today when the matter is called, none appeared on behalf of appellant and there is no representation on its behalf.
The above conduct of the appellant shows that it has no interest in prosecuting the case. Hence, the appeal is dismissed for non-prosecution.
Pending miscellaneous applications, if any, shall stand closed in consequence.
__________________ J.UMA DEVI,J
Date: 17.09.2019 Dsr
The Appellant
J. Uma Devi
As recorded by the court registry
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