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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
VENUTHURUMALLI GOPALA KRISHNA RAO, J.
Aravalli Visalakshmi W/o Subba Rao – Appellant
Versus
Pratha Lakshmi Narasimham S/o Late Suryanarayana Murthy – Respondent
First Appeal No. 707 of 2006
Decided On : 13-02-2024
infructuous - Appeal Suit - The court dismissed the appeal as infructuous due to the matter being settled out of court between the parties.
Fact of the Case:
The appellant's counsel represented that the matter was settled out of court between the parties, making the appeal infructuous.
Finding of the Court:
The court dismissed the Appeal Suit as infructuous and made no order as to costs. Any pending miscellaneous petitions were also closed.
Issues:
Ratio Decidendi: The settlement of the matter out of court rendered the appeal infructuous, leading to its dismissal by the court.
Final Decision: The Appeal Suit was dismissed as infructuous with no order as to costs, and any pending miscellaneous petitions were closed.
JUDGMENT :
VENUTHURUMALLI GOPALA KRISHNA RAO, J.
1. Sri K.A. Narashimham, learned counsel for the appellant represented that the present matter was settled out of the Court long back in between both the parties and he further represented that the appeal has become “infructuous.”
2. The representation made by the learned counsel for the appellant is recorded.
3. Accordingly, the Appeal Suit is dismissed as infructuous. There shall be no order as to costs.
4. As a sequel, miscellaneous petitions, if any pending, shall stand closed.
AI
Settlement of a matter out of court can render an appeal infructuous and lead to its dismissal.
Settlement of the matter between the parties can render an appeal infructuous, leading to its dismissal by the court.
Settlement between parties rendering an appeal infructuous leads to its dismissal.
Dismissal of appeal for default
An appeal deemed infructuous lacks merit and is therefore dismissed by the court.
An appeal may be dismissed as infructuous when the circumstances render it impossible to proceed.
An appeal may be dismissed as infructuous if it no longer presents a live issue for determination.
An appeal may be closed as infructuous where the appellant acknowledges that the subject matter or grounds for the appeal no longer survive for judicial determination.
The court has the discretion to dismiss an appeal for non-prosecution if the appellants do not appear for the hearing.
An appeal is dismissed as infructuous when the subject matter no longer requires adjudication.
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