Appeal Abated: Failure to Take Steps After Notice of Appellant's Death

By Nitesh Sahu , Court Cases & Legal News.

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02 March 2024

What happened

judgement

Subject : Civil Law - Probate and Estate Administration

Appeal Abated: Failure to Take Steps After Notice of Appellant's Death

Background:

An appeal had been filed before the court. However, the appellant passed away, and the respondents informed the court of this fact.

Legal Question:

Whether the appeal abated due to the appellant's death and the failure to take necessary steps after receiving notice.

Arguments Presented:

The appellant's counsel argued that they had returned the case papers to their clients.

Court's Analysis and Reasoning:

The court noted that the appellant had died long ago and that an order had been passed on July 28, 2022, directing the parties to take steps in the appeal. However, no steps had been taken since then.

The court held that the appeal had abated due to the appellant's death and the failure to take necessary steps after receiving notice.

Decision:

The court dismissed the appeal as abated and closed the connected miscellaneous petition without any order as to costs.

#AbatementOfAppeal #LegalProcedure #ProbateLaw

Case Title: VASANTHA vs LATHA

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