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2024 Supreme(AP) 149
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
VENUTHURUMALLI GOPALA KRISHNA RAO, J.
The Commissioner, Samalkote Municipality West Godavari District – Appellant
Versus
M/s Aeropak Industries, Rep. by its Proprietor, Sri T.N. Murthy – Respondent
First Appeal No.307 of 2007,
Decided on : 13-02-2024
Advocate Appeared:
For the Appellant : SRI. M MANOHAR REDDY
For the Respondents: A. SUDERSHAN REDDY
Dismissal for non-prosecution due to lack of representation and inclination to prosecute the appeal.
Headnote:
Dismissal - Non-prosecution - The court dismissed the appeal suit for non-prosecution, with no costs and closed any pending miscellaneous petitions.
Fact of the Case:
The appellants did not appear for the hearing on multiple occasions, leading to the dismissal of the appeal suit for non-prosecution.
Finding of the Court:
The court found that there was no representation on both sides during the scheduled hearings, indicating the appellants' lack of inclination to prosecute the appeal.
Issues: Non-representation on multiple hearing dates, lack of inclination to prosecute the appeal.
Ratio Decidendi: The court decided to dismiss the appeal suit for non-prosecution due to the appellants' consistent absence and lack of representation.
Final Decision: The appeal suit was dismissed for non-prosecution, with no costs imposed, and any pending miscellaneous petitions were closed as a result.
JUDGMENT :
1. When the matter was listed on 31.01.2024 and 08.02.2024, there was no representation on both sides and the matter was posted to 13.02.2024, under the caption “For Dismissal”.
2. Today, when the matter is taken up for hearing, there is no representation on both sides, it seems that the appellants are not inclined to prosecute the appeal.
2. Accordingly, the Appeal Suit is dismissed for non-prosecution. No costs.
As a sequel, miscellaneous petitions, if any pending, shall stand closed.
