THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR Civil Miscellaneous Appeal No.1627 of 1998 Date : 24-11-2009 Between : Kakimukkala Bhagavan .. Appellant And Rajana Appalaswamy @ Peddayya and two others .. Respondents THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR Civil Miscellaneous Appeal No.1627 of 1998 JUDGMENT: This Civil Miscellaneous Appeal arises out of the order, dated 06-11-1997 passed by the Subordinate Judge, Parvathipuram, in E.A.No.144 of 1995 in E.P.No.12 of 1995 in O.S.No.47 of 1990. The said claim petition filed by the respondents questioning the attachment of their house property was allowed by the executing court and consequently the attachment earlier ordered against the said house property was raised. Aggrieved thereby, the Decree Holder has preferred this Civil Miscellaneous Appeal. This appeal though filed as a Miscellaneous Appeal, since the order in the claim petition is in the nature of a decree, the appeal is treated as a First Appeal under Section 96 of the Code of the Civil Procedure. On the earlier date of hearing on 11-09-2009 the learned counsel for claim petitioners was present, but there was no appearance on behalf of the appellant. The counsel, who was originally appeared for the appellant, had reportedly given up the vakalat and office was, therefore, directed to print the name of the appellant. Accordingly, the matter appears with the name of the appellant in the cause list, but nobody appeared on behalf of the appellant either on 12-11-2009 or 17-11-2009 when the appeal was listed for hearing. Even today no body appeared for the appellant. Though sufficient opportunity was granted to enable the appellant to appear and make submissions on the appeal, as none of them are appearing, this appeal is dismissed under Order 41, Rule 17 (1) of the Code of the Civil Procedure. Accordingly, the Civil Miscellaneous Appeal is dismissed. There shall be no order as to costs. ________________________ VILAS V. AFZULPURKAR 24th November, 2009. skmr