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VENUTHURUMALLI GOPALA KRISHNA RAO
K. Jayasree W/o K. Pratap Reddy – Appellant
Versus
C. Narasimha Reddy (Died) S/o Narsimhulu – Respondent
JUDGMENT :
VENUTHURUMALLI GOPALA KRISHNA RAO, J.
1. On 12.01.2024, when the learned counsel for the appellants represented that the parties are not in touch with him, the matter was directed to be listed today under the caption ‘for dismissal’.
2. Today also, when the matter is called, learned counsel for the appellants represented that even though he sent a notice to the parties, but they are not responding and that necessary orders may be passed.
3. In the circumstances, the appeal is dismissed for default. No costs.
4. As a sequel, miscellaneous petitions, if any pending, shall stand closed.
Dismissal for default due to failure to respond to notices.
Dismissal of appeal for default
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.
Dismissal for non-prosecution when there is no representation on both sides
The court has the discretion to dismiss an appeal for non-prosecution if the appellants do not appear for the hearing.
Abatement of appeal due to the death of the sole appellant and the inaction of the legal representatives.
Non-prosecution of the appeal led to its dismissal.
Non-prosecution of an appeal can lead to its dismissal
Settlement of the matter between the parties can render an appeal infructuous, leading to its dismissal by the court.
The court can dismiss an appeal for default if the appellants are not ready to prosecute the appeal.
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