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2024 Supreme(AP) 95
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
B.V.L.N. CHAKRAVARTHI, J.
Bonam Nageswara Rao, S/o. Subbanna & Ors – Appellants
Versus
Komisetty Lakshmana Rao S/o. Subbaraju & Ors – Respondents
Motor Accident Civil Miscellaneous Appeal No.2713 of 2012
Decided on : 01-02-2024.
Advocate Appeared:
For the Appellant : N.V. ANANTHA KRISHNA
Non-appearance and failure to prosecute the appeal can lead to dismissal for non-prosecution
Headnote:
Dismissal for Non-Prosecution - Appeal
Fact of the Case:
The appellants/claimants failed to appear in court on multiple occasions, leading to the dismissal of the appeal for non-prosecution.
Finding of the Court:
The court found that the appellants/claimants did not prosecute the appeal by failing to appear in court, leading to the dismissal of the appeal.
Issues: Non-appearance of the appellants/claimants, dismissal for non-prosecution
Ratio Decidendi: Failure to prosecute the appeal by non-appearance in court led to the dismissal of the appeal
Final Decision: The appeal was dismissed for non-prosecution, and no costs were awarded to the appellants/claimants. Miscellaneous applications pending were closed.
JUDGMENT :
Learned counsel representing Sri P.B.Narasimha Murthy, learned counsel for the respondent No.3/Insurance Company is present.
2. None appeared for the appellants/claimants. There was no representation for the appellants/claimants on 4.11.2023, 11.12.2023, 02.01.2024 and today as well, though posted under the caption ‘For Dismissal’.
3. In that view of the matter, the Appeal is ‘dismissed for non-prosecution’. There shall be no order as to costs.
As a sequel, miscellaneous applications pending, if any, shall stand closed.
