Second appeal preferred by defendants against a permanent injunction decree dismissed for non-prosecution as appellants failed to appear; one appellant discharged dead, the other notice returned unserved.
Second appeal dismissed for non-prosecution; miscellaneous petitions closed.
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IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI
THURSDAY, THE TWENTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE JUSTICE DR V R K KRUPA SAGAR
SECOND APPEAL NO: 1070 OF 2000
Appeal under Section 100 of C.P.C. against the Judgement and decree dated 12.09.2000 passed in A.S.No.70 of 1996 on the file of the Senior Civil Judge, Sompeta, Srikakulam District preferred against the Judgment and Decree dated 31.07.1996 passed in O S. No.77 of 1989 on the file of the District Munsif Sompeta Srikakulam District. ’
Between:
...APPELLANTS/APPELLANTS/DEFENDANTS AND
9^!,.'*2, R/o Nookaluru Village, Kerlam Gram Hanchayat, Sompeta Mandal, Srikakulam District.
...RESPONDENT/RESPONDENT/PLAINTIFF
Anr^^ol^th® Second Appeal coming on for hearing upon perusing the grounds of Decrees of the Lower Appellant Court and the Court of rnaterial papers in the suit and upon none appearedfor the fSnS ! appellant No.1 and notice sent to the 2"" returned un-served with an endorsement that the appellant No1 was died and no appearance on behalf of sole respondent.
The Court made the following:
1
J
THE HON’BLE SRI JUSTICE DR.V.R.K.KRUPA SAGAR
SECOND APPEAL No. 1070 of 2000
JUDGMENT I
\
On 08.06.2001 a learned Judge of this Court ordered notice before admission and accordingly appearance was made for respondents.
There has been no representation on both sides. It was so on 19.12.2023 and on earlier occasions also. On the directions of this Court, Registry sent notices to appellants. Notice sent to Second appellant came returned
2
un-served with an endorsement that he died, Despite notice to appellant No.l, none has been appearing. Today the matter has come up under the caption Tor dismissal’. But there is no representation.
- In the result, this Second appeal is dismissed for
non-prosecution. No order as to costs.
Consequently, miscellaneous petitions if any, stand
closed.
SD/- E. KAMESWARA RAO DEPUTY REGISTRAR
To,
//TRUE COPY//
a
SECTION OFFICER
/
HIGH COURT
DATED:21/12/2023
I
ORDER
SA.No.1070 of 2000
11 30 irp 2024
om !
Current ie.'jtion Cc ^•
,^\v\h
DISMISSING THE SECOND APPEAL FOR NON- PROSECUTION, WITHOUT COSTS
1 issue framed by the court
Whether the second appeal should be dismissed due to non-prosecution.
Burakayala Bapanamma
Burakaual^a Dasarathi
R/o Nookaluru Village Kerlam Gram Hanchayat
Justice V R K Krupa Sagar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
