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2024 Supreme(AP) 106
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Venuthurumalli Gopala Krishna Rao, J.
Chitturi Rama Rao S/o. Purushottam - Petitioner
Versus
Garlapati Chandravathi W/o. Krishna Murthy and ors. – Respondents
First Appeal No: 425 of 2008
Decided On : 02-02-2024
Advocate Appeared:
For the Petitioner: V V L N Sarma
For the Respondent: Sai Gangadhar Chamarty
Failure to prosecute the appeal by appearing for the hearing may lead to dismissal of the appeal suit.
Headnote:
Dismissal - Non-prosecution - The court dismissed the appeal suit for non-prosecution, as the appellant did not appear for the hearing, and no representation was made on their behalf.
Fact of the Case:
The appellant did not appear for the hearing, and there was no representation on their behalf.
Finding of the Court:
The court dismissed the appeal suit for non-prosecution, as the appellant did not appear for the hearing.
Issues: Non-appearance of the appellant for the hearing
Ratio Decidendi: Failure to prosecute the appeal by appearing for the hearing led to the dismissal of the appeal suit.
Final Decision: The appeal suit was dismissed for non-prosecution, and no costs were awarded. Any pending miscellaneous petitions were closed as a result.
JUDGMENT :
1. When the matter was listed on 29.01.2024, 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. 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.
