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2024 Supreme(AP) 66
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
V.GOPALA KRISHNA RAO, J.
Y.Govindamma Tirupati - Appellant
Versus
R.Lakshmamma Tirupathi – Respondent
First Appeal No. 368 of 1998
Decided on : 29-01-2024
Advocate Appeared:
For the Appellant : T S ANAND
For the Respondents: A JAYAPAL
The court can dismiss an appeal for default if the appellant is not ready to prosecute the appeal.
Headnote:
Dismissal - Default - The court dismissed the appeal for default as the appellant was not ready to prosecute the appeal.
Fact of the Case:
The appellant's counsel represented that the appellant was not in touch and requested for necessary orders.
Finding of the Court:
The court dismissed the appeal for default as the appellant was not ready to prosecute the appeal.
Issues: Appellant's readiness to prosecute the appeal.
Ratio Decidendi: The court can dismiss an appeal for default if the appellant is not ready to prosecute the appeal.
Final Decision: The appeal is dismissed for default with no order as to costs. Miscellaneous petitions, if any pending, shall stand closed.
JUDGMENT :
1. Today, when the matter is listed under the caption ‘for dismissal’, Sri Y. Sreenivasa Murthy, learned Senior Designated Counsel, fairly represented on behalf of the appellant through virtual hearing that his client is not in touch with him and necessary orders may be passed. The same is recorded.
2. In view of the above representation, since the appellant is not getting ready to prosecute the appeal, the appeal is dismissed for default. There shall be no order as to costs.
As a sequel, miscellaneous petitions, if any pending, shall stand closed.
