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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.
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.
Non-appearance and failure to prosecute can lead to dismissal of the appeal
Failure to prosecute the appeal can lead to its dismissal.
Non-prosecution due to lack of representation can lead to dismissal of an appeal.
Non-appearance and lack of representation can lead to dismissal for non-prosecution
The court has the discretion to dismiss an appeal for non-prosecution if the appellants fail to appear for the hearing and show no inclination to prosecute the appeal.
Failure to prosecute the appeal by not being represented in court can lead to dismissal.
Non-prosecution of an appeal can lead to its dismissal.
Failure to prosecute the appeal by appearing for the hearing may lead to dismissal of the appeal suit.
Non-appearance and lack of inclination to prosecute the appeal can lead to dismissal of the suit.
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.
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