HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO APPEAL SUIT No.2490 OF 1992 JUDGMENT: No representation on behalf of the appellants. The appeal was filed challenging the grant of compensation to the plaintiff for illegal digging of his land for laying of the road and damaging the same and the lower Court decreed the suit for a sum of Rs.11,500/-. As against that judgment, the 4th defendant, who was the contractor, filed A.S.No.1159 of 1993, which was allowed by this Court, holding that he has done the work under the instructions of the Government only and the Government alone is responsible. Even in this case also, the 1st defendant filed a written statement stating that the land was gifted by the plaintiff, for which there is no documentary evidence. In view of the above circumstances, since there is no representation and as the liability of the appellants was held enforceable in the connected appeal, the appeal is dismissed for non- prosecution. There shall be no order as to costs. _________________________ N.R.L. NAGESWARA RAO, J Date:02.08.2011 INL