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2024 Supreme(AP) 107
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Venuthurumalli Gopala Krishna Rao, J.
S.R. Thyagarajan S/o Late Ranganandam and ors. – Petitioners
Versus
The District Forest Officer Chittoor East Division and ors. – Respondents
First Appeal No : 335 of 2007
Decided On : 05-02-2024
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.
Headnote:
Dismissal - Non-prosecution - The court dismissed the appeal for non-prosecution, as the appellants did not appear for the hearing and showed no inclination to prosecute the appeal.
Fact of the Case:
The appellants did not appear for the hearing and showed no inclination to prosecute the appeal.
Finding of the Court:
The court dismissed the Appeal Suit for non-prosecution and ordered no costs. Any pending miscellaneous petitions shall stand closed.
Issues:
Ratio Decidendi: 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.
Final Decision: The Appeal Suit is dismissed for non-prosecution with no costs. Any pending miscellaneous petitions shall stand closed.
JUDGMENT:
V.Gopala Krishna Rao, J.
1. When the matter was listed on 01.02.2024, there was no representation on behalf of the appellant and the matter was posted to 05.02.2024, under the caption “For Dismissal”.
2. Today, when the matter is taken up for hearing, there is no representation on behalf of the appellants, it seems that the appellants are 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.
