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
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.
AI
Non-prosecution due to lack of representation can lead to dismissal of an appeal.
Dismissal for non-prosecution due to lack of representation and inclination to prosecute the appeal.
Failure to prosecute the appeal by not being represented in court can lead to dismissal.
The court has the discretion to dismiss an appeal for non-prosecution if the appellants fail to appear and show no inclination to prosecute the appeal.
Non-prosecution of an appeal may lead to its dismissal.
Non-prosecution leading to dismissal of appeal.
Non-prosecution of an appeal can lead to its dismissal.
Non-representation of the appellant in court leads to dismissal for non-prosecution.
Failure to prosecute the appeal by appearing for the hearing may lead to dismissal of the appeal suit.
A dismissal for non-prosecution may occur if a party fails to be present during hearings, emphasizing procedural compliance in appeals.
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