IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD THURSDAY THE THIRD DAY OF MARCH TWO THOUSAND AND ELEVEN PRESENT THE HONOURABLE SRI JUSTICE R. KANTHA RAO SECOND APPEAL No. 489 OF 1999 Between Konthala Rambabu … Appellant-Defendant V/s. Pindi Balajee … Respondent-Plaintiff Counsel for the appellant : Mrs.G. Anupama Chakravarthy Counsel for the respondent : Sri K.V.Subramanya Narsu The Court made the following order : order follows 2nd page THE HONOURABLE SRI JUSTICE R. KANTHA RAO SECOND APPEAL No. 4 8 9 OF 1999 O R D E R : This second appeal is filed against the judgment and decree dated 03-2-1999 passed in AS.No. 14 of 1992 by the Senior Civil Judge, Anakapalle, confirming the judgment and decree dated 18-12- 1991 passed in OS.No. 855 of 1983 by the Principal District Munsif, Ankapalle, Visakhapatnam district. 2. When the matter came up today under the caption “for dismissal”, the learned counsel appearing for the respondent filed a memo stating that the sole respondent in the present second appeal died. But there is no mention as to when infact the sole respondent died. It has become a common practice when the matter is posted for “final hearing” to represent that parties to the proceedings have expired, even though they expired several years back. The said practice is highly deprecated. 3. On the other hand, the learned counsel appearing for the respondent submits that Mrs. G.Anupama Chakravarthy, who was earlier appearing for the appellant became District Judge. 4. It might be true that she was selected as District Judge several years back and the appellant ought to have engaged another counsel. But no such steps have been taken in the instant case. Under these circumstances, this Court is of the considered view that it is no longer obligatory on the part of this Court to issue notice to the parties. This second appeal is of the year 1999, therefore, the same is accordingly dismissed for non-prosecution. There shall be no order as to costs. ________________________ JUSTICE R . KANTHA RAO 03-03-2011 I s L THE HONOURABLE SRI JUSTICE R. KANTHA RAO SECOND APPEAL No. 4 8 9 OF 1999 Circulation No. 97 Date:03-03-2011 Court Master: I s L Computer No.43