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2024 Supreme(AP) 102
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
Advocate Appeared:
For the Petitioner: K Sesharajyam
For the Respondent: Josyula Bhaskara Rao
Important Points
Subject
Civil Law - Appellate Procedure
Headnote
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.
