IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE NINTH DAY OF OCTOBER TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR CIVIL MISCELLANEOUS APPEAL No.2182 OF 1999 BETWEEN Smt. Kokila and four others. …APPELLANTS AND A. Mudiappa and United India Insurance Co. Ltd. …RESPONDENTS Counsel for the appellant: Mr. P. V. Vidyasagar Counsel for the Respondents: Mr. P. Gopal Das The Court made the following: - JUDGMENT: The first respondent in the appeal reportedly died and from 17.04.2008 requests are being made for adjournment for taking steps. The matter was listed, thereafter, on 20.11.2008, 16.12.2008, 17.03.2009, 21.08.2009 and 11.09.2009 where on all the occasions time was granted. 2. The office endorsement shows that no LR petition is filed as on 30.09.2009. The appeal, therefore, is liable to be dismissed as abated against the first respondent. So far as the second respondent is concerned, the liability against it was already negatived by the tribunal below. The appeal, in fact, cannot be heard in the absence of the legal representatives of the first respondent. The civil miscellaneous appeal is accordingly dismissed for non-prosecution, as no steps are taken to bring on record the legal representatives of the first respondent. There shall be no order as to costs. _____________________ VILAS V. AFZULPURKAR, J October 9, 2009 DSK