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Judgment
Rekha Borana, J
In the present matter, none had appeared on behalf of the appellant on 14.05.2019, 23.07.2020, 07.07.2022 and 13.02.2023. On the last occasion that is on 13.02.2023, the matter was directed to be listed on 16.02.2023 in the interest of justice. However, none has appeared for the appellant today also even in the second round.
A perusal of the record shows that the suit of the plaintiff-appellant for specific performance of contract has been dismissed vide the impugned judgment dated 16.09.2016. Vide the impugned judgment, while dismissing the suit of the plaintiff, he was held entitled for refund/repayment of the amount of Rs.30,101/- with interest @7% p.a. from the defendants. The defendants were directed to pay the said amount to the plaintiff within a period of two months.
Learned counsel for the respondent-defendants submitted that in pursuance to the directions in the judgment dated 16.09.2016, a registered notice on 03.11.2016 was sent to the plaintiff with the specific request to either supply the bank account details or to receive the said amount in cash. The notice dated 03.11.2016 along with the postal receipt and the acknowledgment have been placed on record by learned counsel for the respondent-defendants today. Learned counsel submitted that no response to the said notice was received by the defendants.
No interim order is operating in the present matter.
In view of the above facts, it seems that the appellant has lost interest in the present litigation. Therefore, the present appeal is dismissed for non-prosecution.
The stay application and all the pending applications also stand disposed of.