Ch.Lakshmi Reddy v. M.Matlagondi & Anr.
Case brief
What is this about?
Keywords: dismissal for default; non-prosecution of second appeal; no representation by appellant; Section 100 CPC; no order as to costs. Parties: Ch.lakshmi Reddy (plaintiff/appellant) v. M Matlagondi & another (respondents). Forum: High Court of Andhra Pradesh at Amaravati (heading reads '(Special Original Jurisdiction)'). Bench: Justice T. Mallikarjuna Rao (sole judge). Case: SECOND APPEAL NO: 1162/2001; decided 20.01.2025. Underlying matters left undisturbed: O.S.No.64 of 1988 (District Munsiff Court, Gooty) and A.S.No.07 of 1996 (Senior Civil Judge's Court, Gooty). Advocates: P Harinatha Guptha (SC FOR TTD) for appellant; J Prabhakar for respondents. Useful for practitioners as an example of summary dismissal of an appeal for default where the appellant repeatedly fails to appear, including when listed under the 'for dismissal' caption.
What did the court decide?
There was no representation for the appellant when the matter was taken up in the morning session, the matter was passed over at 2.15 P.M., and in the afternoon session again there was no representation despite the appeal being listed under the caption 'for dismissal'; the appellant was not evincing interest to prosecute the appeal.