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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
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.
AI
Non-appearance and lack of inclination to prosecute the appeal can lead to dismissal of the suit.
Non-prosecution of an appeal can lead to its dismissal.
Failure to prosecute the appeal by appearing for the hearing may lead to dismissal of the appeal suit.
Dismissal for non-prosecution due to lack of representation and inclination to prosecute the appeal.
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.
Non-prosecution leading to dismissal of appeal.
The court has the discretion to dismiss an appeal for non-prosecution if the appellants fail to appear for the hearing and show no inclination to prosecute the appeal.
The court has the discretion to dismiss an appeal for non-prosecution if the appellants do not appear for the hearing.
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.
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