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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
V. GOPALA KRISHNA RAO, J.
Ch. Satyanarayana Reddy, S/o. Appa Reddy - Petitioner
Versus
K. Subbalakshmi, W/o. Late Ammi Reddy & Ors. - Respondents
Appeal Suit No. 304 of 2008
Decided On : 25-01-2024
Dismissal - Service of Notice - Default Dismissal
Fact of the Case:
The appellant was not in touch with their counsel and the notice sent to the appellant's address was returned as the person was not residing there.
Finding of the Court:
The court dismissed the appeal for default due to the appellant's absence and the returned notice. No costs were awarded, and pending petitions were closed.
Issues: Appellant's absence, returned notice, default dismissal
Ratio Decidendi: The court found the service of notice to be sufficient and proceeded with the default dismissal due to the appellant's absence.
Final Decision: The appeal was dismissed for default, and pending petitions were closed.
JUDGMENT :
1. When the matter is listed on today under the caption "for dismissal", Sri B.S.S. Kumar, learned counsel for the appellant represented that the appellant is not in touch with him.
2. Registry issued a notice to the address of the appellant, which was mentioned in the grounds of appeal itself. But, it was returned with an endorsement “no such person residing in the said address”. Therefore, service held sufficient.
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
Sufficient service of notice and appellant's absence can lead to default dismissal.
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
The court can dismiss an appeal for default if the appellants are not ready to prosecute the appeal.
The court has the discretion to dismiss an appeal for non-prosecution if the appellant fails to appear and shows no inclination to prosecute the appeal.
Substituted service of summons through publication is only permissible when proper procedures are followed; failure to do so invalidates ex-parte judgments.
Failure to respond to counsel's communication and appear for the hearing may lead to dismissal for default.
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