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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
B Syamsunder, J.
Mallipudi Venkata Rao, S/o. Veerraju - Petitioner
Versus
Kotti Subbayyamma W/o. Late Satyanarayana and ors. – Respondents
Second Appeal No: 900 of 2011
Decided On : 01-02-2024
Representation - Appellant - The Second Appeal is dismissed as abated due to the absence of legal representatives of the deceased appellant.
Fact of the Case:
The appellant did not file a petition to add legal representatives of the deceased appellant as ordered by the Court. The respondent's counsel represented the case.
Finding of the Court:
The Second Appeal is dismissed as abated due to the absence of legal representatives of the deceased appellant. No order as to costs. Consequently, miscellaneous petitions, if any, shall stand closed. The interim stay granted, if any, shall stand vacated.
Issues: Failure to add legal representatives of deceased appellant, Dismissal of Second Appeal, Costs, Closure of miscellaneous petitions, Vacation of interim stay
Ratio Decidendi: The failure to add legal representatives of the deceased appellant led to the dismissal of the Second Appeal as abated.
Final Decision: The Second Appeal is dismissed as abated due to the absence of legal representatives of the deceased appellant. No order as to costs. Consequently, miscellaneous petitions, if any, shall stand closed. The interim stay granted, if any, shall stand vacated.
JUDGMENT :
1. There is no representation for the appellant. No petition is filed to add legal representatives of deceased/appellant as ordered by this Court on 03.01.2024. Learned counsel for the respondent, Mr.Josyula Bhaskara Rao, represented the case.
2. As no petition is filed to add legal representatives of sole appellant, the Second Appeal is dismissed as abated. No order as to costs.
3. Consequently, miscellaneous petitions, if any, shall stand closed. The interim stay granted if any, shall stand vacated.
Second appeals abate due to death of sole appellant without substituting legal representatives.
Failure to implead the legal representatives of a deceased party can lead to the abatement of the appeal.
An appeal abates automatically when the sole appellant dies and no legal representatives are substituted.
Failure to bring the legal representatives of a deceased appellant within the granted time period results in the abatement of the appeal.
Appeal dismissed due to the death of both appellants without legal representation.
The court emphasizes the necessity of timely action to implead legal representatives in cases of the appellant's death.
Failure to implead legal representatives of deceased party causes abatement of appeal.
An appeal stands dismissed due to abatement when no application for the impleadment of the deceased appellant's legal heirs is filed.
Appeal abates upon appellant's death if no legal representatives pursue it.
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