IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE TWELFTH DAY OF JULY TWO THOUSAND AND TEN HON’BLE SRI JUSTICE G. BHAVANI PRASAD A.S. No.321 of 1991 Between: A.P. State Financial Corporation rep. By Branch Manager, Tirupathi .. Appellant AND Best & Crompton Engineering Limited, Rajaji Street, Madras and another .. Respondents JUDGMENT: Sri Y.V. Ravi Prasad, learned counsel for the appellant has filed a copy of the letter received from the appellant along with the suit register extract in the matter showing that the execution petition, out of which the present appeal had arisen, itself was dismissed for non-compliance of the Court’s order on 02-11-1995. The learned counsel submitted that in view of the dismissal of the execution petition, nothing survives to be adjudicated in this appeal against the order on the claim petition concerning the property attempted to be sold in that execution petition. The learned counsel, however, desired that in the event of the said execution petition being restored in future and any further proceedings being taken by the 1st respondent herein, he may be given liberty to approach this Court for restoration of this appeal. Under the circumstances, the appeal is dismissed as unnecessary in view of the dismissal of E.P. No.33 of 1985 in O.S. No.151 of 1984 by the executing Court with liberty to the appellant to approach this Court for restoration of the appeal in the event of restoration of the execution petition and proceeding against the subject property. No costs. _____________________ G. BHAVANI PRASAD, J Date: 12-07-2010 Svv