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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
BANDARU SYAMSUNDER, J.
Kumuthala Subbarayudu, S/o. Venkata Subbaiah & Ors. - Petitioners
Versus
Cherukupalli Sivaiah, S/o. Venkata Subbaiah - Respondent
Second Appeal No. 770 of 2011
Decided On : 31-01-2024
Abatement - Legal Representatives - Dismissal of Second Appeal
Fact of the Case:
The sole respondent in the case had passed away, and the legal representatives were not brought on record.
Finding of the Court:
The Second Appeal was dismissed as abated due to the death of the sole respondent, and no costs were awarded. Any interim stay granted was also vacated.
Issues: The main issue was the failure to implead the legal representatives of the deceased sole respondent.
Ratio Decidendi: The court's decision was influenced by the fact that the legal representatives of the deceased sole respondent were not brought on record, leading to the abatement of the Second Appeal.
Final Decision: The Second Appeal was dismissed as abated, and no costs were awarded. Any interim stay granted was also vacated.
JUDGMENT :
The learned counsel Smt. Nimmagadda Revathi, representing on behalf of Mr. Nimmagadda Satyanarayana, learned counsel for the appellants would submit that they have no information or instructions from the appellants to implead legal representatives of deceased sole respondent. The learned counsel Mr. U. Nagendra Babu, represented on behalf of Mr. Balaji Medamamalli, learned counsel for the respondent. As sole respondent said to be died on 04.03.2012 itself, which also informed to the counsel for the appellants by filing memo before this Court and legal representatives are not brought on record, this Second Appeal is dismissed as abated. No order as to costs. Consequently, miscellaneous petitions if any, shall stand closed. Interim Stay granted if any, shall stand vacated.
Failure to implead the legal representatives of a deceased party can lead to the abatement of the appeal.
Failure to add legal representatives of a deceased appellant can lead to the dismissal of the appeal as abated.
Second appeals abate due to death of sole appellant without substituting legal representatives.
An appeal abates automatically when the sole appellant dies and no legal representatives are substituted.
The court emphasizes the necessity of timely action to implead legal representatives in cases of the appellant's death.
Appeal dismissed due to the death of both appellants without legal representation.
An appeal abates upon the death of the appellant if no legal representatives are present to pursue the case.
Failure to implead legal representatives of deceased party causes abatement of appeal.
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