The High Court dismissed an appeal suit as abated due to the death of the appellants, noting no order as to costs and vacating prior interim orders.
The appeal suit is dismissed as abated with no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ANDHRA PRADESHAT AMARAVATI
THURSDAY ,THE FIFTH DAY OF OCTOBER TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE V SRINIVAS
APPEAL SUIT NO: 2812 OF 2004
Appeal filed under Order 41 Rule 1 read with Section 96 of C.P.C, aggrieved by the Judgment and Decree dated 01/12/2003 in OS.No.54/1996 on the fileof the Senior Civil Judge, Kavali, Nellore District.
Between:
.APPELLANT(S)/PLAINTIFFS
AND
(Respondents 1,4,5,9, 12 to 14. Dismissed for default vide C.O dated 22-022011)
...RESPONDENTS/DEFENDANTS
I.A. NO: 2 OF 2004(ASMP. NO: 12382 OF 2004)
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant temporary injunction restraining the 2nd respondent from in any way alienating the suit properties/petition schedule properties pending disposal of the civil first appeal and grant an interim order to that effect.
I.A. NO: 1 OF 2017(ASMP. NO: 800 OF 2017)
Petition under Section 5 of limitation act praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased bring the proposed legal representative (Illindra Kannaiah Gupta) of deceased 1st respondent as Respondent No.16 in the AS No.2812/2004
A NO: 1 OF 2019
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased To permit me to come on record as legatee (Legal Heir) of deceased 2nd appellant who executed Will dated 22.05.2017 in my favour as 3rd appellant in the above AS No.2812/2004.
Counsel for the Appellants: SRI. K S GOPALA KRISHNAN
Counsel for the Respondents (R2): SRI. M VENKATA NARAYANA
The Court made the following:
THE HON'BLE SRI JUSTICE V.SRINIVAS
APPEAL SUIT No.2812 of 2004
JUDGMENT:
Both the learned counsel present.
Sd!- V DIWAKAR DEPUTY REGISTRAR
//TRUE COPY/I
SECTION OFFICER
To,
MV vna
HIGH COURT DATED: 05/10/2023
MV
JUDGMENT
AS.No.2812 of 2004 cti~pie
~o-
( 30 NOV 2023
y
Current Section ,*
DISMISSING THE APPEAL SUIT AS ABATED
1 issue framed by the court
Whether the appeal is maintainable after the death of the appellants without substitution.
Illindra Suseelamma
Illindra Ramanadham
V SRINIVAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
