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Judgment
Tarlada Rajasekhar Rao, J
The present Civil Miscellaneous Appeal is filed against the Order dated 06.10.2004 in F.C.O.P.No.450 of 1998.
Heard Sri G.R. Sudhakar, learned counsel for the respondents.
The 2nd respondent herein availed loan of Rs.3,50,000/- for the purpose of purchasing a lorry by mortgaging immovable property at Kurnool. The appellant herein stood as a guarantor and also created mortgage by depositing of title deeds in respect of his property as collateral security. The 2nd respondent herein failed to pay the installments and committed default. The Andhra Pradesh State Financial Corporation filed F.C.O.P.No.451 of 1998 for sale of the property and the same was decreed. Questioning the same, the present Civil Miscellaneous Appeal is filed before this Court.
Sri G.R. Sudhakar, learned counsel for the respondents stated that. in similar circumstances, arising out of the same parties, C.M.A.No.5 of 2006 was dismissed for non-prosecution. Hence, he prayed to dismiss this Appeal for non-prosecution.
The matter was listed on 24.06.2022. As there was no representation for both sides, the matter was directed to be listed under the caption, “for dismissal” to today. But today also, there is no representation for the appellant. As there was no representation for the appellant in the connected matter i.e., C.M.A.No.5 of 2006, it was dismissed for non-prosecution. Hence, the present Civil Miscellaneous Appeal is also dismissed for non-prosecution.
Accordingly, the Civil Miscellaneous Appeal is dismissed for non-prosecution. No costs.
Miscellaneous Petitions pending, if any, shall stand closed.