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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Venuthurumalli Gopala Krishna Rao, J.
Gopaldas Javvar (died) per lrs. and ors. – Petitioners
Versus
The Rajahmundry Municipality Rep. by its Commissioner/spl. Officer - Respondents
First Appeal No: 386 of 2007
Decided On : 05-02-2024
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 on multiple occasions, and showed no inclination to prosecute the appeal.
Finding of the Court:
The court dismissed the Appeal Suit for non-prosecution, with no costs imposed. 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 and show no inclination to prosecute the appeal.
Final Decision: The Appeal Suit is dismissed for non-prosecution, with no costs imposed. Any pending miscellaneous petitions shall stand closed.
JUDGMENT :
1. When the matter was listed on 04.01.2024 and 01.02.2024, there was no representation on behalf of the appellants 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.
AI
Dismissal for non-prosecution due to lack of representation and inclination to prosecute the appeal.
Non-prosecution of an appeal can lead to its dismissal.
Non-prosecution leading to dismissal of appeal.
Failure to prosecute the appeal by not being represented in court can lead to dismissal.
Non-prosecution of an appeal may lead to its dismissal.
Non-prosecution due to lack of representation can lead to dismissal of an appeal.
Failure to appear for hearings resulted in dismissal for non-prosecution, emphasizing the importance of diligence in legal proceedings.
Non-representation from the appellant in court leads to dismissal of the appeal for non-prosecution.
Non-appearance and lack of inclination to prosecute the appeal can lead to dismissal of the suit.
Non-representation by the appellant at multiple hearings led to dismissal for non-prosecution.
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