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

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.