IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
VENUTHURUMALLI GOPALA KRISHNA RAO, J.
Palakodeti Bharadwaja S/o Dr. Sivaraman – Appellant
Versus
Palakodeti Sivaraman S/o Krishna Rao – Respondent
First Appeal No. 643 of 2001
Decided On : 12-02-2024
dismissal - non-prosecution - The court dismissed the appeal for non-prosecution with no order as to costs.
Fact of the Case:
The appellant did not appear for the appeal, leading to its dismissal for non-prosecution.
Finding of the Court:
The court found that the appellant was not inclined to prosecute the appeal, leading to its dismissal.
Issues: Non-prosecution of the appeal
Ratio Decidendi: Failure to prosecute the appeal led to its dismissal
Final Decision: The appeal was dismissed for non-prosecution with no order as to costs.
JUDGMENT :
VENUTHURUMALLI GOPALA KRISHNA RAO, J.
1. Today, when 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. Therefore, the appeal is dismissed for non-prosecution. There shall be no order as to costs.
3. As a sequel, miscellaneous petitions, if any pending, shall stand closed.
AI
Non-prosecution of an appeal can lead to its dismissal
Non-prosecution of the appeal led to its dismissal.
The court has the discretion to dismiss an appeal for non-prosecution if the appellants do not appear for the hearing.
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
Non-prosecution leading to dismissal of appeal.
Abatement of appeal due to the death of the sole appellant and the inaction of the legal representatives.
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.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.