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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
VENUTHURUMALLI GOPALA KRISHNA RAO, J.
Goru Dayanandarao S/o Devadatham – Petitioner
Versus
Katneni Venkata Krishnayya (Died) and Others – Respondents
First Appeal No. 606 of 2008
Decided On : 09-02-2024
Dismissal - Appeal Suit - The court dismissed the appeal suit for non-prosecution, as the appellants did not appear for the hearing.
Fact of the Case:
The appellants did not appear for the hearing of the appeal suit.
Finding of the Court:
The court dismissed the appeal suit for non-prosecution as the appellants did not appear for the hearing.
Issues: Non-appearance of the appellants for the hearing of the appeal suit.
Ratio Decidendi: The court has the discretion to dismiss an appeal for non-prosecution if the appellants do not appear for the hearing.
Final Decision: The appeal suit is dismissed for non-prosecution with no costs.
JUDGMENT :
VENUTHURUMALLI GOPALA KRISHNA RAO, J.
1. Today when the matter is taken up for hearing, learned counsel for the respondents is present and reported ready. Though the matter is listed under the caption “For Dismissal” there is no representation on behalf of the appellants. It seems that the appellants are not inclined to prosecute the appeal.
2. Accordingly, the Appeal Suit is dismissed for non-prosecution. No costs.
3. As a sequel, miscellaneous petitions, if any pending, shall stand closed.
AI
The court has the discretion to dismiss an appeal for non-prosecution if the appellants do not appear for the hearing.
Non-prosecution of the appeal led to its dismissal.
Non-prosecution of an appeal can lead to its dismissal
Dismissal for non-prosecution when there is no representation on both sides
The court has the discretion to dismiss an appeal for non-prosecution if the appellant fails to appear and shows no inclination to prosecute the appeal.
Dismissal of appeal for default
Dismissal for default due to failure to respond to notices.
Settlement of the matter between the parties can render an appeal infructuous, leading to its dismissal by the court.
Non-appearance and lack of inclination to prosecute the appeal can lead to dismissal of the suit.
Non-prosecution leading to dismissal of appeal.
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