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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
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.
AI
Non-prosecution of an appeal can lead to its dismissal.
Failure to prosecute the appeal by appearing for the hearing may lead to dismissal of the appeal suit.
The court has the discretion to dismiss an appeal for non-prosecution if the appellants fail to appear and show no inclination to prosecute the appeal.
Dismissal for non-prosecution due to lack of representation and inclination to prosecute the appeal.
The court has the discretion to dismiss an appeal for non-prosecution if the appellants fail to appear for the hearing and show no inclination to prosecute the appeal.
Non-prosecution leading to dismissal of appeal.
Failure to prosecute the appeal by not being represented in court can lead to dismissal.
Non-appearance and lack of inclination to prosecute the appeal can lead to dismissal of the suit.
Non-prosecution of an appeal may lead to its dismissal.
Non-prosecution due to lack of representation can lead to dismissal of an appeal.
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