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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
VENUTHURUMALLI GOPALA KRISHNA RAO, J.
R. Chintala Bhaskara Rao S/o Seetharamaiah – Appellant
Versus
T. Annapurnamma, Brahmin Students Home Trust – Respondent
First Appeal No. 316 of 2006
Decided On : 12-02-2024
Abatement - Dismissal of appeal - Legal Representatives - Virtual hearing
Fact of the Case:
The sole appellant had passed away five years ago, and no steps were taken by the legal representatives to prosecute the appeal.
Finding of the Court:
The court dismissed the appeal as abated due to the appellant's death and the lack of interest from the legal representatives to prosecute the appeal.
Issues: The main issue was the abatement of the appeal due to the appellant's death and the inaction of the legal representatives.
Ratio Decidendi: The court applied the legal principle of abatement, which states that if a party to a case dies and no steps are taken by the legal representatives, the appeal may be dismissed as abated.
Final Decision: The appeal was dismissed as abated, and no costs were awarded. Any pending miscellaneous petitions were also closed.
JUDGMENT :
VENUTHURUMALLI GOPALA KRISHNA RAO, J.
1. Learned counsel for the appellant appeared through virtual hearing and represented that the sole appellant died at about five (5) years ago, till now no steps are taken and his Legal Representatives are not interested to prosecute the appeal and he further represented that necessary orders may be passed. The same is recorded.
2. Therefore, the appeal is dismissed as abated. There shall be no order as to costs.
3. As a sequel, miscellaneous petitions, if any pending, shall stand closed.
AI
Abatement of appeal due to the death of the sole appellant and the inaction of the legal representatives.
Dismissal of appeal for default
Non-prosecution of the appeal led to its dismissal.
Dismissal for default due to failure to respond to notices.
Non-prosecution of an appeal can lead to its dismissal
Settlement of the matter between the parties can render an appeal infructuous, leading to its dismissal by the court.
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.
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