In a second appeal under Section 100 of the Criminal Procedure Code regarding property disputes, the High Court of Andhra Pradesh at Amaravati dismissed the appeal as abated because the appellant had died over five years ago and no legal representatives were brought on record as required.
The second appeal was dismissed as abated. No costs awarded.
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 ANDHRAPRADESH AT AMARAVATI
.4A. THURSDAY,THE FOURTEENTH DAY OFSEPTEMBER, : . T' TWO THOUSAND ANDTWENTY THREE j' ' 'lift
PRESENT
THE HONOURABLESRI JUSTICE V. GOPALA KRISHNA RAO
SECOND APPEAL NO: 41 OF 2007
Appeal filed under section 100 of CRC,aggrievedbytheDecreeand Judgment in A.S No. 34 of 1999 on the file oftheDistrictJudge,Krishna, Machilipatnam, dated 17-10-2006, confirming theDecreeandJudgmentdated 26-10-1998 in O.S No.69 of 1995 on the file of thePrincipal Junior Civil Judge's Court, Machilipatnam.
Between:
Abdul Khuddus, S/o.Mohammad Khsim Saheb, Muslim, 50years,Properties R/o.Pedana IV Block, Pedana, Krishna District.
...AppellantlAppellant/Plaintiff
AND
I.A. NO: 1 OF 2007(SAMP. NO: 102 OF 2007)
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 respondents from interfering with the petitioner's peaceful possession and enjoyment of the suit schedule property in OS No.69 of 1995 on the file of the Principal Junior Civil Judge, Machilipatnam.
Counsel for the Appellant: SRI. P RAJASEKHAR
Counsel for the Respondents: SRI. S A RAZAK
The Court made the following:
THE HON'BLE SRI JUSTICE V.GOPALA KRISHNA RA0
SECOND APPEAL No.41 of 2007
JUDGMENT:
Learned counsel for the appellant and learned counsel for the respondents are present.
The proceedings dated 06.09.2023 shows that learned counsel for the appellant sought time to file Legal Representatives application. Learned counsel for the respondent represented that since five years, no Legal Representatives application is filed by the appellant.
The record shows that on 03.04.2023, learned counsel for the respondents filed Memo before the Registry submitting that the sole appellant died on 15.10.2017 and further 1St respondent in the present Second Appeal also died on 12.05.2021. No Legal Representatives of the appellant brought on record, since more than five years time was granted.
Hence, the appeal is dismissed as abated. No costs.
2
As asequel,miscellaneouspetitions,ifanypending,
shall standclosed.
Sd/- V DIWAKAR DEPUTY\ REGISTRAR //TRUE COPY// SECTION OFFICER
To,
MV
vna
MV
HIGH COURT
DATED: 14/09/2023
JUDGMENT
SA.No.41 of 2007
J .~ rJY APJpy~ A
V
18 NOV 2023
y Current Section ,
~~SPATCH
DISMISSING THE SECOND APPEAL AS ABATED
1 issue framed by the court
Whether a second appeal filed under Section 100 of the Criminal Procedure Code abates due to the death of the appellant without legal representatives being brought on record within the prescribed time
2 provisions across 2 enactments
Abdul Khuddus
Mohammad Ismail
Mohammad Kamal
Mohammad Ibrahim [Died]
Shaminnissa
V. GOPALA KRISHNA RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
