The High Court dismissed the second appeal as abated. The sole appellant had died in 2020, but no petition to bring legal representatives on record was filed despite a delay of over three years.
The second appeal was dismissed as abated without costs, and pending miscellaneous petitions stood closed.
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 PRADESH ATAMARAVATI
THURSDAY ,THE FOURTEENTH DAY OFSEPTEMBER TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE V. GOPALAKRISHNA RAO
SECOND APPEAL NO: 299 OF 2004
Appeal filed under Section 100 of C.P.C, aggrieved by the Judgmentand Decree made in A.S.No.57 of 2000 on the file of the VII additionalDistrict Judge, Madanapalle, Dt.27.10. 2004, confirming the Judgment and Decree of the learned Sr., Civil Judge, Madanapalle Made in O.S No.181 of 1991.
Between:
Shaik Khaja Peer @ Rangasamuddram Khajapeer, S/o Fakruddin Saheb, Aged 49 years, R/o Devalacheruvu V&P Mulakala Cheruvu Mandal.
...Appellant/Appellant/8th Defendant
AND
...Respondents/Respondents/Defendant
(Respondents 4 to 6 remained ex party in the Suit and Respondents 7 to 11 have no claim over the suit A Schedule Property and hence they are not necessary party to this appeal.)
l.A. NO: 1 OF 2004(CMP. NO: 6686 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 stay of all further proceedings in pursuance of the Decree and Judgment made in OS.No.181/1991 of Senior Civil Judge, Madanapalle as confirmed in AS.No.57/2000 of VII Additional District Judge, Madanapalle.
Counsel for the Appellant: SRI N PRAMOD
Counsel for the Respondents (R1, R2): SRI J U M V PRASAD
The Court made the following:
THE HON'BLE SRI JUSTICE V.GOPALA KRISHNA RAO
SECOND APPEAL No.299 of 2004
JUDGMENT:
Heard learned counsel for the appellant and learned counsel for the respondents.
2
Miscellaneous petitions, if any, pending in this appeal shall
stand closed.
SDI- V DIWAKAR DEPUTY REGISTRAR
L //TRUE COPY// G
SECTION OFFICER
To,
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HIGH COURT
DATED: 14/09/2023
JUDGMENT
SA.No.299 of 2004
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DISMISSING THE SECOND APPEAL AS ABATED WITHOUT COSTS
1 issue framed by the court
Whether the second appeal abated on account of the death of the sole appellant who did not file a legal representative petition.
Shaik Khaja Peer
B.Venkatarayappa
B.Mallailah
V.GOPALA KRISHNA RAO
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
