THE HON’BLE SRI JUSTICE V. ESWARAIAH AND THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR C.M.A.No.3649 of 2002 JUDGMENT: (per the Hon’ble Sri Justice V.Eswaraiah) The appellant is the wife of the respondent. The respondent filed O.P.No.171 of 1999 on the file of the Principal Senior Civil Judge, Rajahmundry, seeking divorce under Sections 13 (1) (ia) and (ib) of the Hindu Marriage Act, 1955 (for short “the Act”) on the ground of cruelty and desertion. The court below vide its order, dated 31-10-2002, allowed the said O.P. Aggrieved thereby, the wife filed the present appeal and this court granted interim suspension by order, dated 17-12-2002. Thereafter, a representation has been made by the learned counsel appearing for the appellant-wife on 23-10-2007 stating that both the parties are living together and that they were directed to be present on 23-10-2007 before this Court to report about the actual position, but on account of the death of the appellant’s mother-in-law and as the respondent is also not in a position to travel to Hyderabad on account of sickness, they could not present before the court. Therefore, this court directed both the parties to present before the District Legal Services Authority, Rajahmundry, who shall record the compromise, if any, entered by the parties and send the same to this Court for taking appropriate steps in the matter. The District Legal Services Authority sent a report, dated 24-04-2010, stating that the parties have not approached the District Legal Services Authority as per the order of this Court. Today, the learned counsel appearing for the appellant submits that he has also sent a notice to the appellant but the said notice is returned with an endorsement that the addressee left and whereabouts are not known. In the above circumstances, we are of the opinion that as the appellant is not evincing any interest either in appearing before this Court or before the District Legal Services Authority as directed by this Court and as she is not in contact with the Advocate, the appeal is liable to be dismissed for non- prosecution. Accordingly, the appeal is dismissed for non-prosecution. There shall be no order as to costs. ________________ V.ESWARAIAH, J ________________________ VILAS V. AFZULPURKAR, J Date: 04-06-2010 Prv