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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
VENUTHURUMALLI GOPALA KRISHNA RAO, J.
K. Jayasree W/o K. Pratap Reddy – Petitioner
Versus
C. Narasimha Reddy (Died) S/o Narsimhulu – Respondent
First Appeal No. 461 of 2004
Decided On : 22-01-2024
Dismissal - Default - The court dismissed the appeal for default when the appellants' counsel represented that the parties were not responding to notices, and the matter was listed for dismissal.
Fact of the Case:
The appellants' counsel informed the court that the parties were not responding to notices, and the matter was listed for dismissal.
Finding of the Court:
The court dismissed the appeal for default, with no costs imposed, and directed that any pending miscellaneous petitions shall stand closed.
Issues:
Ratio Decidendi: The court's decision was based on the appellants' failure to respond to notices, leading to the dismissal of the appeal for default.
Final Decision: The appeal was dismissed for default, and any pending miscellaneous petitions were directed to stand closed.
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.
AI
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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