High Court Dismisses Appeals for Non-Prosecution Due to Lack of Information. Appeals Dismissed as Counsel for Appellants Failed to Report Readiness, Resulting in Dismissal Under Order 9 of the Code of Civil Procedure, 1908.

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Case Note & Summary

The case involved appeals filed by the legal representatives of Cherukuri Sreeramulu against Sri Rameswaraswamyvari Temple. The appeals were listed for hearing, but the counsel for the appellants was unable to provide necessary information regarding the appellants, leading to the court's decision. The court considered the absence of representation and the inability to proceed with the case. Consequently, the court dismissed the appeals for non-prosecution, along with any pending miscellaneous petitions, without any order as to costs. The judgment emphasized the importance of readiness and representation in court proceedings.

Headnote

A) Civil Procedure - Dismissal for Non-Prosecution - Appeals dismissed due to lack of information about appellants - Code of Civil Procedure, 1908, Order 9 - The court dismissed the appeals as the learned counsel for the appellants was not ready to proceed, resulting in a dismissal for non-prosecution. Held that pending miscellaneous petitions shall also stand dismissed (Paras Not mentioned).

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Issue of Consideration

Whether the appeals should be dismissed due to the appellants' counsel's inability to proceed.

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Final Decision

The court dismissed the appeals for non-prosecution and any pending miscellaneous petitions without costs.

Law Points

  • Dismissal for non-prosecution
  • absence of representation
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Case Details

A.S.No.1333 of 1992 & Tr.A.S.Nos.2021, 2095 & 2096 of 1995

2012-09-20

N.R.L.NAGESWARA RAO

Cherukuri Sreeramulu (died) per LRs

Sri Rameswaraswamyvari Temple, Elemarru, Rep.by its Executive Officer

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Nature of Litigation

Appeals against a temple's executive officer.

Remedy Sought

Appellants sought to pursue appeals.

Issues

Whether the appeals should be dismissed due to the appellants' counsel's inability to proceed.

Submissions/Arguments

Counsel for appellants was not ready due to lack of information.

Ratio Decidendi

The court emphasized the necessity of readiness and representation in legal proceedings, leading to dismissal for non-prosecution.

Judgment Excerpts

The appeals are dismissed for non-prosecution. Pending miscellaneous petitions, if any, shall stand dismissed in consequence.

Procedural History

The appeals were listed for hearing, but the counsel for the appellants was unable to proceed.

Acts & Sections

  • Code of Civil Procedure, 1908: Order 9
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