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2024 Supreme(AP) 114
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
B.V.L.N. CHAKRAVARTHI, J.
Smt. Dudala Varalakshmi W/o.Late Nageswara Rao & Ors – Appellants
Versus
Govardhana Ramakrishna S/o.Bhaskara Rama Murthy & Ors – Respondents
Motor Accident Civil Miscellaneous Appeal No. 2735 of 2012
Decided on : 06-02-2024
Advocate Appeared:
For the Appellant : V ATCHUTA RAM
Non-prosecution due to lack of representation can lead to dismissal of an appeal.
Headnote:
Dismissal - Non-prosecution - The court dismissed the appeal for non-prosecution as there was no representation for the appellants on multiple adjournments.
Fact of the Case:
The appellants/claimants were not represented in court on multiple adjournments, leading to the dismissal of the appeal for non-prosecution.
Finding of the Court:
The court found that due to the lack of representation for the appellants on multiple adjournments, the appeal was dismissed for non-prosecution with no order as to costs. Miscellaneous applications pending were also closed.
Issues:
Ratio Decidendi: The court's decision was influenced by the repeated absence of representation for the appellants, leading to the dismissal of the appeal for non-prosecution.
Final Decision: The appeal was dismissed for non-prosecution with no order as to costs, and miscellaneous applications pending were closed.
JUDGMENT :
No representation on either side though, posted under the caption ‘For Dismissal’. There was no representation for the appellants/claimants on the previous three (03) adjournments i.e., 07.11.2023, 12.12.2023 and 05.01.2024.
2. 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.
