The Hon'ble High Court dismissed a civil revision petition as abated by operation of law because the petitioner had died, though it noted the legal heirs could apply for condonation of delay under relevant provisions.
Civil Revision Petition dismissed as abated. Miscellaneous applications, if any, stood closed.
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HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY CIVIL REVISION PETITION No.2439 OF 2014
ORDER :
Sri Yallabandi Ramathirtha, learned counsel for the petitioner represented that the petitioner died about 1 ½ years ago as per the information received by him over phone from the legal heirs of the deceased, but he could not give the exact date of death.
Assuming for a moment that the death of the deceased took place about 1 ½ years ago, by operation of law, the petition is deemed to be abated. Hence, the Civil Revision Petition is liable to be dismissed on the ground that it is abated by operation of law. However, this Order will not preclude the legal heirs of the deceased petitioner to take appropriate steps by filing an appropriate application under Section 5 of the Limitation Act, under Order 21 Rules 9 and under Order 21 Rule 4 of the Civil Procedure Code.
Hence, the Civil Revision Petition is dismissed, as abated by operation of law. There shall be no order as to costs.
The miscellaneous applications pending, if any, shall also stand closed.
JUSTICE M.SATYANARAYANA MURTHY
Date: 11.12.2020
IS
2
HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
CIVIL REVISION PETITION No.2439 OF 2014
Date: 11.12.2020
IS
1 issue framed by the court
Whether a civil revision petition filed after the death of the petitioner is liable to be dismissed as abated by operation of law.
3 provisions across 2 enactments
Yallabandi Ramathirtha (on behalf of legal heirs)
M. Satyanarayana Murthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
