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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
B V L N Chakravarthi, J.
Darla Lakshmi W/o. late Mahesh - Petitioner
Versus
Darla Eswaramma W/o. late Mahesh and ors. – Respondents
Motor Accident Civil Miscellaneous Appeal No: 389 of 2013
Decided On : 30-01-2024
Dismissal for Non-Prosecution - Appeal - The court dismissed the appeal for non-prosecution, as the appellant did not appear for the hearing.
Fact of the Case:
The appellant did not appear for the hearing, and the respondent's counsel was present.
Finding of the Court:
The court dismissed the appeal for non-prosecution and made no order as to costs. Miscellaneous applications pending were closed.
Issues: Non-appearance of the appellant for the hearing.
Ratio Decidendi: The court can dismiss an appeal for non-prosecution if the appellant fails to appear for the hearing.
Final Decision: The appeal was dismissed for non-prosecution, and there was no order as to costs.
JUDGMENT :
Sri V.Veerabhadra Chary, learned counsel for the respondent No.5/Insurance Company is present.
2. None appeared for the appellant/respondent No.4 though, posted under the caption ‘For Dismissal’. There was no representation for the appellant on 18.12.2023.
3. In that view of the matter, the Appeal is ‘dismissed for non-prosecution’. There shall be no order as to costs.
As a sequel, miscellaneous applications pending, if any, shall stand closed.
The court has the discretion to dismiss an appeal for non-prosecution if the appellant fails to appear for the hearing.
Non-appearance and failure to prosecute the appeal can lead to dismissal for non-prosecution
Failure to appear for the hearing and lack of representation can lead to dismissal for non-prosecution.
Dismissal for non-prosecution
Non-prosecution due to lack of representation can lead to dismissal of an appeal.
Failure to prosecute the appeal by not being represented in court can lead to dismissal.
Non-prosecution leading to dismissal of appeal.
Failure to prosecute the appeal can lead to its dismissal.
Non-prosecution of an appeal can lead to its dismissal.
Dismissal for non-prosecution due to lack of representation and inclination to prosecute the appeal.
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