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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
VENUTHURUMALLI GOPALA KRISHNA RAO, J.
Budda Kasi Visweswara Rao S/o Appalanaidu – Appellant
Versus
Motukuri Somabrahmam S/o Dharma Sanjeeva Rao – Respondent
First Appeal No. 529 of 2008
Decided On : 12-02-2024
Default - Dismissal of Appeal - The court dismissed the appeal for default, as the appellants were not inclined to prosecute the appeal.
Fact of the Case:
The appellants were not inclined to prosecute the appeal.
Finding of the Court:
The court dismissed the appeal for default.
Issues:
Ratio Decidendi: The court's decision was based on the appellants' lack of inclination to prosecute the appeal.
Final Decision: The appeal is dismissed for default. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any pending, shall stand closed.
JUDGMENT :
VENUTHURUMALLI GOPALA KRISHNA RAO, J.
1. Learned counsel for the appellants fairly represented that the appellants are not inclined to prosecute the appeal and that necessary orders may be passed. The representation made by the learned counsel for the appellants is recorded.
2. Hence, the appeal is dismissed for default. There shall be no order as to costs.
3. As a sequel, miscellaneous petitions, if any pending, shall stand closed.
AI
Dismissal of appeal for default
Dismissal for default due to failure to respond to notices.
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
Abatement of appeal due to the death of the sole appellant and the inaction of the legal representatives.
Dismissal for non-prosecution when there is no representation on both sides
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 appellant fails to appear and shows no inclination to prosecute the appeal.
Settlement of a matter out of court can render an appeal infructuous and lead to its dismissal.
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