The court dismissed an insurance appeal for non-prosecution as no advocate appeared and no representation was made by the appellant after multiple adjournments.
Appeal dismissed for non-prosecution; pending miscellaneous petitions stand dismissed. No costs awarded.
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THE HON'BLE SRI JUSTICE S. RAVI KUMAR
C.M.A No.172 of 2009
Date:15.07.2016
Between:
New India Assurance Co., Ltd., Rep by its Senior Divisional Manager, DO-1 401 & 402, Alkareem Trade Centre, Ranigunj, Secunderabad.
... Appellant.
AND
Smt. Keshamoni Nagamma and others.
...Respondents.
The Court made the following :
THE HON'BLE SRI JUSTICE S. RAVI KUMAR
C.M.A No.172 of 2009
JUDGMENT:
This appeal has come up for hearing on 21-04-2016 though there was no representation for the appellant, the Court accommodated and adjourned the matter till summer vacation and after summer vacation also, the matter was listed two times i.e., on 06-06-2016 & 13-06-2016. On both occasions, no interest is evinced by the appellant in prosecuting the case.
2. Today, when the matter is taken up for hearing, neither advocate for appellant is present nor any representation is made, therefore, I am of the view that appellant is not interested in
prosecuting the appeal.
3. Accordingly, appeal is dismissed for non-prosecution and as a sequel, miscellaneous petitions, if any pending in this appeal, shall stand dismissed. No costs.
_________________________
JUSTICE S. RAVI KUMAR
Date:15.07.2016 mrb
2 issues framed by the court
Whether an appeal can be dismissed if the appellant fails to appear or represent the cause.
Whether non-prosecution by the appellant justifies dismissal of the appeal.
New India Assurance Co., Ltd.
Smt. Keshamoni Nagamma and others
S. RAVI KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
