THE HON'BLE MR JUSTICE V ESWARAIAH THE HON’BLE MR JUSTICE B CHANDRA KUMAR C.M.A.NO. 294 OF 1998 DT. 12.7.2011 Between: Immandi Subrahmanyam … Petitioner And Immandi Juveda … Respondent Counsel for the Petitioner: Sri G Ram Gopal Counsel for respondent: The Court made the following ORDER: THE HON'BLE MR JUSTICE V ESWARAIAH THE HON’BLE MR JUSTICE B CHANDRA KUMAR C.M.A.NO. 294 OF 1998 JUDGMENT : (Per Sri Justice V Eswaraiah) The appellant herein is husband, who filed the present appeal against the order and decree dated 23.6.1997 in O.P. No. 103 of 1994 on the file of the II Additional Subordinate Judge, Kakinada dismissing the petition filed under Section 13 (1) (ib) of the Hindu Marriage Act, for dissolution of the marriage on the ground of adultery and desertion. This Court by order dated 11.12.1997 ordered notice to respondent and the same was sent to the address of the wife-respondent as mentioned in the cause title i.e., R/o Jaggampeta, Jaggampeta Mandal, Peddapuram DMC and the same was returned unserved with a postal endorsement ‘addressee not residing there’. Again the notice was sent through Senior Civil Judge Court, Peddapuram and the same was returned with the endorsement of Process Server dated 11.5.2001 ‘enquired about the respondent and since the Jaggampeta village is a big village, in the absence of Door Number/Street Number, could not notify the respondent’. Thereafter, this Court by order dated 19.6.2009 once again ordered notice on respondent and permitted the counsel for petitioner to take out personal notice. Thereafter on 8.6.2011, this Court directed the counsel for appellant to furnish the present correct postal address of the respondent to the Registry and directed the Registry to issue fresh notice. The said order reads as under; “While ordering notice, this Court, on 19.06.2009, specifically directed the learned counsel for the appellant to take out personal notice to the respondent herein and also to the counsel for the respondent appearing in the Court below and to file proof of service. It is stated that notice sent to the counsel for the respondent appearing in the Court below was served, but the notice sent to the respondent was returned unserved for want of correct door number, street name etc., Therefore, the learned counsel for the appellant is directed to furnish the present correct postal address of the respondent to the Registry and that the Registry is directed to issue notice to the respondent to his correct address returnable in four weeks. Learned counsel for the appellant is also permitted to take out personal notice to the present correct address of the respondent through registered post with acknowledgment due and file necessary proof thereof, failing which the appeal stand dismissed. Post the matter after four weeks.” Thus by order dated 8.6.2011 this Court while directing the petitioner to furnish present correct postal address of the respondent to the Registry, permitted the learned counsel for appellant to take out fresh notice on the respondent to his correct address and file proof of service, and specifically observed that failing to file proof of service, the appeal stands dismissed. Today when the matter is taken up for hearing, learned counsel for petitioner produced a notice cover sent to the self same old address of the respondent which was returned with an endorsement ‘addressee not known street name and door number not there, returned’. It is noticed that in spite of specific directions of this Court dated 8.6.2011, the learned counsel for appellant did not furnish the present correct address of the respondent and office made an endorsement dated 5.7.2011 that the order dated 8.6.2011 is not complied with. The learned counsel for appellant has neither paid the batta nor provided correct address to enable the Registry to take out notice on the respondent. Hence, for non compliance of the orders dated 8.6.2011, the appeal is dismissed. No costs. _______________ V ESWARAIAH,J ________________ B CHANDRA KUMAR,J DATE: 12.7.11 TVK THE HON'BLE MR JUSTICE V ESWARAIAH THE HON’BLE MR JUSTICE B CHANDRA KUMAR C.M.A.NO. 294 OF 1998 Date: 12.7.2011