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2024 Supreme(AP) 92
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
V. GOPALA KRISHNA RAO, J.
B. Nandikesava Rao, S/o. Sivayya & Ors. - Petitioners
Versus
B. Someswaramma, W/o. Nandikesavarao & Ors. - Respondents
Appeal Suit No. 2438 of 2000
Decided On : 31-01-2024
For the Petitioner: Addepalli Suryanarayana.
For the Respondents: M.S.R. Subrahmanyam.
The court can dismiss an appeal for default if the appellants are not ready to prosecute the appeal.
Headnote:
Dismissal - Default - The court dismissed the appeal for default as the appellants were not ready to prosecute the appeal.
Fact of the Case:
The appellants were not in touch with their counsel and did not show readiness to prosecute the appeal.
Finding of the Court:
The court dismissed the appeal for default due to the appellants' lack of readiness to prosecute the appeal.
Issues: Appellants' lack of readiness to prosecute the appeal.
Ratio Decidendi: The court can dismiss an appeal for default if the appellants are not ready to prosecute the appeal.
Final Decision: The appeal is dismissed for default with no order as to costs. Any pending miscellaneous petitions shall stand closed.
JUDGMENT :
1. Today, when the matter is listed under the caption ‘for dismissal’, Sri Addepalli Suryanarayana, learned counsel for the appellants represented that his clients are not in touch with him and necessary orders may be passed. The same is recorded.
2. In view of the above representation, since the appellants are not getting ready to prosecute the appeal, the appeal is dismissed for default. There shall be no order as to costs.
As a sequel, miscellaneous petitions, if any pending, shall stand closed.
