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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
VENUTHURUMALLI GOPALA KRISHNA RAO, J.
Vootukuri Durga Prasad S/o Nagesara Rao – Appellant
Versus
Vootukuri Venkatamma W/o Nageswara Rao – Respondent
First Appeal No. 670 of 2005
Decided On : 12-02-2024
Dismissal for Non-Prosecution - Appellate Procedure - The court dismissed the appeal for non-prosecution as the appellant failed to appear, indicating a lack of inclination to prosecute the appeal.
Fact of the Case:
The appellant was noticed by the Registry for the appeal, but failed to appear when the matter was listed for dismissal.
Finding of the Court:
The court found that there was no representation on behalf of the appellant and concluded that the appellant was not inclined to prosecute the appeal, leading to the dismissal of the appeal for non-prosecution.
Issues: Non-appearance of the appellant, inclination to prosecute the appeal
Ratio Decidendi: 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.
Final Decision: The appeal was dismissed for non-prosecution with no order as to costs, and any pending miscellaneous petitions were closed as a result.
JUDGMENT :
VENUTHURUMALLI GOPALA KRISHNA RAO, J.
1. Learned counsel for the appellant represented that on the earlier occasion notice was sent to the appellant by the Registry and the same was served.
2. 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.
3. Hence, the appeal is dismissed for non-prosecution. There shall be no order as to costs.
4. 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 appellant fails to appear and shows no inclination to prosecute the appeal.
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
Dismissal for default due to failure to respond to notices.
Dismissal of appeal for default
Abatement of appeal due to the death of the sole appellant and the inaction of the legal representatives.
Settlement of the matter between the parties can render an appeal infructuous, leading to its dismissal by the court.
The court's decision to dismiss the appeal upon the appellant's request for withdrawal.
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