High CourtsSingle Bench(2022) 06 AP CK 0048

Syndicate Bank vs Vegunta Venkateswara Rao & 3 Ors

Andhra Pradesh High Court · Decided on 29 June 2022

HON’BLE JUDGES
B.S. Bhanumathi, J
RESULT
Disposed Of
CASE NUMBER
Appeal Suit No. 127 Of 2012

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Judgment

7 paragraphs · 173 words

B.S. Bhanumathi, J

Sri Deva Deepak, learned counsel representing Sri A.Krishnam Raju, learned counsel for the petitioner, requested time to issue fresh notices to respondent Nos.1 and 4 as notices issued to them were returned un-served.

However, a perusal of the docket of the appeal shows that, on 19.12.2017, this court passed the following order:

“The learned counsel for the appellant is permitted to take out personal notices to R.1, R.2 and R.4 by RPAD mentioning the date of listing of the matter on 23.01.2018 and file proof of sending notice in the Registry within two weeks from today failing which, the appeal against R.1, R.2 and R.4 would stand dismissed automatically”.

Since the said order has not been complied till now, the order has become operational immediately after expiry of the time stipulated therein and, therefore, no further order is required confirming the dismissal of the appeal.

Hence, appeal is closed in view of the earlier order dated 19.12.2017. No costs.

As a sequel, miscellaneous applications pending, if any, shall stand closed.