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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
VENUTHURUMALLI GOPALA KRISHNA RAO, J.
K. Krishnaiah S/o Subbaiah – Petitioner
Versus
Tiruvakkadu R.L. Mani D/o T.R. Lakshmiparthi – Respondent
First Appeal No. 418 of 2008
Decided On : 25-01-2024
Infructuous - Appeal Dismissal - The court dismissed the appeal as infructuous due to the matter being settled out of court between the parties.
Fact of the Case:
The matter was settled out of court between the parties, rendering the appeal infructuous.
Finding of the Court:
The court dismissed the appeal as infructuous and made no order as to costs. Any pending miscellaneous petitions were also closed.
Issues:
Ratio Decidendi: The settlement of the matter between the parties rendered the appeal infructuous, leading to its dismissal by the court.
Final Decision: The appeal was dismissed as infructuous with no order as to costs, and any pending miscellaneous petitions were closed.
JUDGMENT :
VENUTHURUMALLI GOPALA KRISHNA RAO, J.
1. Learned counsel for the appellants represented that the matter was settled out of the Court in between both the parties and he further represented that the appeal may be “infructuous.”
2. The representation made by the learned counsel for the appellants is recorded.
3. Accordingly, the Appeal is dismissed as infructuous. There shall be no order as to costs.
4. As a sequel, miscellaneous petitions, if any pending, shall stand closed.
AI
Settlement of the matter between the parties can render an appeal infructuous, leading to its dismissal by the court.
Settlement of a matter out of court can render an appeal infructuous and lead to its dismissal.
Settlement between parties rendering an appeal infructuous leads to its dismissal.
Dismissal of appeal for default
An appeal deemed infructuous lacks merit and is therefore dismissed by the court.
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.
An appeal may be dismissed as infructuous when the circumstances render it impossible to proceed.
Non-prosecution of the appeal led to its dismissal.
Non-prosecution of an appeal can lead to its dismissal
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