THE HON’BLE SRI JUSTICE V. ESWARAIAH AND THE HON’BLE SRI JUSTICE B.CHANDRA KUMAR A.S.No.1687 of 1998 JUDGMENT: (per the Hon’ble Sri Justice V. Eswaraiah) The suit filed by the appellant and respondents 2 and 3 seeking maintenance from the defendant was decreed in part granting past maintenance of Rs.12,000/- and future maintenance @ Rs.500/- per month to each of plaintiffs 2 and 3 i.e., respondents 2 and 3 from the date of filing of the suit i.e., from 02-03-1995. Insofar as the claim of the 1st plaintiff i.e., appellant is concerned, the suit was dismissed. Aggrieved thereby, the appellant filed this appeal. In the instant case, notice was ordered on 27-12-1999. Thereafter, on 22-09-2000, the counsel for the appellant was permitted to take out personal notice by RPAD and directed to file proof of service by the next date of hearing. But, no such notice has been taken out and no acknowledgment was filed. However, when the matter was listed before the learned Single Judge with regard to payment of batta due with a petition to furnish correct postal address, the learned Single Judge by order, dated 02-02-2011 permitted the appellant to take out fresh batta to the respondent and personal notice to the correct postal address of respondent by registered post with acknowledgment due or by courier service and directed to file proof of service within four weeks, failing which, the appeal would stand dismissed. In the instant case, no notice was taken out by registered post with acknowledgment due to the respondent to the correct postal address by paying fresh batta and, therefore, the appeal is liable to be dismissed. Accordingly, the appeal is dismissed. There shall be no order as to costs. ________________ V.ESWARAIAH, J _____________________ B.CHANDRA KUMAR, J Date: 04-07-2011 Prv