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2024 Supreme(AP) 148
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
VENUTHURUMALLI GOPALA KRISHNA RAO, J.
Mandala Eswara Rao, S/o. Appalanaidu – Appellant
Versus
Subbavarapu Narasimhamurthy, S/o. Kannamnaidu – Respondent
First Appeal No.542 of 2008
Decided on : 13-02-2024
Non-appearance and lack of inclination to prosecute the appeal can lead to dismissal of the suit.
Headnote:
Dismissal - Appeal Suit - The court dismissed the Appeal Suit for non-prosecution with no costs.
Fact of the Case:
The appellant did not appear for the hearing, leading to the dismissal of the Appeal Suit for non-prosecution.
Finding of the Court:
The court found that the appellant was not inclined to prosecute the appeal, leading to the dismissal of the Appeal Suit.
Issues: Non-appearance of the appellant, inclination to prosecute the appeal.
Ratio Decidendi: The court decided to dismiss the Appeal Suit due to the appellant's non-appearance and lack of inclination to prosecute the appeal.
Final Decision: The Appeal Suit is dismissed for non-prosecution with no costs.
JUDGMENT :
1. Today when the matter is taken up for hearing learned counsel for the respondents is present through virtual hearing. Though the matter is listed under the caption “For Dismissal”, there is no representation on behalf of the appellant. It seems that the appellant is 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.
