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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
V. GOPALA KRISHNA RAO, J.
Bahseer Unnisa, W/o. Shaik Adam - Petitioner
Versus
Shaik Masina Valli, S/o. Mahaboob Subhani & Ors. - Respondents
Appeal Suit No. 458 of 2006
Decided On : 22-01-2024
Default - Dismissal of Appeal - The court dismissed the appeal for default due to the appellant's failure to maintain contact and insufficient address, resulting in the appellant's counsel being unable to represent them effectively.
Fact of the Case:
The appellant's counsel addressed a letter to the appellant, but it was returned with an endorsement 'insufficient address'. The appellant was not in touch with the counsel, leading to necessary orders for dismissal of the appeal.
Finding of the Court:
The court dismissed the appeal for default and ordered no costs to be paid. Any pending miscellaneous petitions in the appeal were also closed.
Issues: Failure to maintain contact, insufficient address, dismissal for default
Ratio Decidendi: The appellant's failure to maintain contact and provide a sufficient address led to the dismissal of the appeal for default.
Final Decision: The appeal was dismissed for default with no costs to be paid, and any pending miscellaneous petitions in the appeal were closed.
JUDGMENT :
1. Learned counsel for the appellant is present and represented that he addressed a letter to the appellant, but it was returned with an endorsement “insufficient address”. He further represented that the appellant is not in touch with him and necessary orders may be passed.
2. The same is recorded.
3. Hence, this Appeal is dismissed for default. There shall be no order as to costs.
As sequel, miscellaneous petitions, if any, pending in the Appeal shall stand closed.
AI
Failure to maintain contact and provide a sufficient address can lead to dismissal of an appeal for default.
Dismissal for default due to insufficient address
Failure to respond to counsel's communication and appear for the hearing may lead to dismissal for default.
Sufficient service of notice and appellant's absence can lead to default dismissal.
Appeal abates upon appellant's death without timely substitution application.
A writ petition may be dismissed for default when the petitioner fails to appear or maintain valid contact for proceedings after counsel relinquishes representation.
Dismissal for default due to failure to respond to notices.
A Writ Petition is liable to be dismissed for default if the counsel for the petitioner remains absent during the scheduled hearing.
Writ petition dismissed due to absence of petitioner's counsel.
A writ petition may be dismissed for default when the petitioner's counsel remains absent on successive listing dates, indicating a failure to prosecute the matter.
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