In an appeal suit pending for 26 years, the single judge court addressed the appellant's failure to serve notices on respondents over 37 years of proceedings and dismissed the appeal for improper prosecution.
The appeal suit is dismissed for improper/non-prosecution. No order as to costs.
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THE HON’BLE SRI JUSTICE V.V.S.RAO
APPEAL SUIT No.1797 of 1984
Dated:29.07.2010
Between:
Shaik Dawood.
….Appellant
And
Md.Suleman Khan alias Sabjan, And others.
…Respondents
THE HON’BLE SRI JUSTICE V.V.S.RAO APPEAL SUIT No.1797 of 1984
JUDGMENT:
This appeal is filed against the order dated 09.12.1982 in I.A.No.65 of 1977 in O.S.No.10 of 1973, being final decree proceedings.
The matter has been pending in the Courts for the last thirty seven years. The appeal is pending before this Court for the last twenty six years. In spite of the same, the appellant has not taken proper steps for serving the notices on the respondents.
Therefore, taking a serious view of the matter, the appeal suit is dismissed for improper/non-prosecution. There shall be no order as to costs.
__________________ (V.V.S.RAO, J)
29.07.2010
vs
1 issue framed by the court
Whether the appeal should be dismissed due to the appellant's failure to serve notices despite 26 years of pendency.
Shaik Dawood
Md.Suleman Khan alias Sabjan
V.V.S. Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
