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2024 Supreme(AP) 104
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Venuthurumalli Gopala Krishna Rao, J.
Sri. C.Bala Bhaskar S/o. Sri Krishna Murthy – Petitioner
Versus
Sri. C. Sudhakar S/o. Krishna Murthy and ors. – Respondents
First Appeal No: 760 of 2008
Decided On : 02-02-2024
Advocate Appeared:
For the Petitioner: Srinivas Velagapudi
For the Respondent: C Sindhu Kumari
Non-prosecution of an appeal can lead to its dismissal.
Headnote:
Dismissal - Non-prosecution - The court dismissed the appeal for non-prosecution, as the appellant did not have representation and seemed unwilling to prosecute the appeal.
Fact of the Case:
The appellant did not have representation and seemed unwilling to prosecute the appeal.
Finding of the Court:
The court dismissed the Appeal Suit for non-prosecution.
Issues:
Ratio Decidendi: Non-prosecution of the appeal led to its dismissal.
Final Decision: The Appeal Suit is dismissed for non-prosecution. No costs. Miscellaneous petitions, if any pending, shall stand closed.
JUDGMENT:
1. When the matter was listed on 30.01.2024, learned counsel for the respondents was alone present and there was no representation on behalf of the appellant and the matter was posted to 02.02.2024, under the caption “For Dismissal”.
2. Today, when the matter is taken up for hearing, there is no representation on behalf of the appellant and the learned counsel for the respondents is virtually present. It seems that the appellant is no inclined to prosecute the appeal.
3. Accordingly, the Appeal Suit is dismissed for non-prosecution.
No costs.
As a sequel, miscellaneous petitions, if any pending, shall stand closed.
