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2024 Supreme(AP) 116
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
B.V.L.N. CHAKRAVARTHI, J.
Lalam Venkata Ramana Rao S/o Rajulu Busines and Cultivation – Appellant
Versus
T.V. Thimmayya [Died] S/o Late Sanyasi Gupta And Others - Respondent
Motor Accident Civil Miscellaneous Appeal No.1753 of 2012
Decided on : 06-02-2024.
Advocate Appeared:
For the Appellant : M A V S BHAGAVAN
Non-appearance and failure to prosecute can lead to dismissal of the appeal
Headnote:
Dismissal - Non-prosecution - The court dismissed the appeal for non-prosecution as the appellant/claimant failed to appear, with no representation on the previous adjournment.
Fact of the Case:
The appellant/claimant failed to appear in court, leading to the dismissal of the appeal for non-prosecution.
Finding of the Court:
The court found that the appellant/claimant did not appear for the hearing, and as a result, the appeal was dismissed for non-prosecution.
Issues: Non-appearance of the appellant/claimant, dismissal for non-prosecution
Ratio Decidendi: Failure to appear and prosecute the appeal led to its dismissal
Final Decision: The appeal was dismissed for non-prosecution, and no costs were awarded.
JUDGMENT :
Sri Vinod Kumar Tarlada, learned Standing Counsel for the respondent Nos.3 and 4/APSRTC is present.
2. None appeared for the appellant/claimant though, posted under the caption ‘For Dismissal’. There was no representation for the appellant/claimant on the previous adjournment.
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.
