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Judgment
P.G. Ajithkumar, J.
This is an appeal filed under Order XLIII, Rule 1(j) of the Code of Civil Procedure, 1908.
The respondent in E.P.No.275 of 2009 in ARC No.5 of 2008 is the appellant. In the said execution petition the Sub Court, Alappuzha sold property of the appellant in public auction for realisation of Rs.4,42,365/- and its interest and costs in terms of the award in ARC No.5 of 2008. The appellant filed E.A.No.394 of 2011 seeking to set aside the sale of his property held on 23.11.2011. That application was dismissed by the Sub Court as per the order dated 31.10.2012. Challenging the said order the appellant has filed this appeal.
Service of notice on the 2nd respondent is not yet complete. Despite giving several opportunities, the appellant has not taken steps to complete service of notice on the 2nd respondent.
When this matter is taken up for consideration today, the learned counsel appearing for the appellant would submit that there is no proper instruction from the appellant.
Considering the fact that this appeal has been pending since 2013 and service of notice on the 2nd respondent is yet to be completed, this appeal is dismissed for non-prosecution.