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2024 Supreme(AP) 108
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
Advocate Appeared:
For the Petitioner: Bankatlal Mandhani
For the Respondent: Ancha Panduranga Rao
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.
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 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.
