IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE FIFTEENTH DAY OF JUNE TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH & THE HON'BLE MR JUSTICE B.CHANDRA KUMAR A.S.No.2918 of 1999 Between: The Convention of Baptist churches of Northern Circars (CBCNC), rep.by its Secretary and another ..... APPELLANTS AND S.M.Kantha Raju and 8 others .....RESPONDENTS The Court made the following: THE HON'BLE SRI JUSTICE V.ESWARAIAH & THE HON'BLE SRI JUSTICE B.CHANDRA KUMAR A.S.No.2918 of 1999 JUDGMENT: (per Hon’ble Sri Justice V.Eswaraiah) A verified petition was filed by the learned counsel for the appellants stating that respondents Nos.6 and 7 expired and 3rd respondent remained set ex parte before the Court below, and hence payment of batta is not necessary. No steps have been taken to bring the legal representatives of respondents Nos.6 and 7. In so far as Respondents Nos.4, 5 and 9 are concerned, notices were served on Respondents Nos.5 and 9, but the notice sent to the 4th respondent was returned unserved for want of correct address. Batta with correct address petition for 4th respondent was not filed. Therefore, the appeal is dismissed against Respondents Nos.3, 4, 6 and 7. Since the appeal is dismissed against Respondents Nos.3, 4, 6 and 7, it cannot survive against other defendants, as the impugned judgment has become final in respect of some of the defendants. Though the matter is listed under caption “for dismissal”, the learned counsel for the appellants has not evinced any interest to argue the matter. Therefore, the appeal is dismissed for non-prosecution. No order as to costs. ________________ V.ESWARAIAH,J _____________________ B.CHANDRA KUMAR,J Dated: 15.06.2011 Dsr