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2024 Supreme(AP) 135
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
VENUTHURUMALLI GOPALA KRISHNA RAO, J.
R. Chintala Bhaskara Rao S/o Seetharamaiah – Appellant
Versus
T. Annapurnamma, Brahmin Students Home Trust – Respondent
First Appeal No. 316 of 2006
Decided On : 12-02-2024
Advocate Appeared:
For the Appellant : Ambadipudi Satyanarayana.
For the Respondent: C.C.S. Sastry.
Abatement of appeal due to the death of the sole appellant and the inaction of the legal representatives.
Headnote:
Abatement - Dismissal of appeal - Legal Representatives - Virtual hearing
Fact of the Case:
The sole appellant had passed away five years ago, and no steps were taken by the legal representatives to prosecute the appeal.
Finding of the Court:
The court dismissed the appeal as abated due to the appellant's death and the lack of interest from the legal representatives to prosecute the appeal.
Issues: The main issue was the abatement of the appeal due to the appellant's death and the inaction of the legal representatives.
Ratio Decidendi: The court applied the legal principle of abatement, which states that if a party to a case dies and no steps are taken by the legal representatives, the appeal may be dismissed as abated.
Final Decision: The appeal was dismissed as abated, and no costs were awarded. Any pending miscellaneous petitions were also closed.
JUDGMENT :
VENUTHURUMALLI GOPALA KRISHNA RAO, J.
1. Learned counsel for the appellant appeared through virtual hearing and represented that the sole appellant died at about five (5) years ago, till now no steps are taken and his Legal Representatives are not interested to prosecute the appeal and he further represented that necessary orders may be passed. The same is recorded.
2. Therefore, the appeal is dismissed as abated. There shall be no order as to costs.
3. As a sequel, miscellaneous petitions, if any pending, shall stand closed.
