Second appeal against confirmation of a decree in a suit; first respondent died and appellant failed to implead legal representatives despite a memo of death, so the appeal was dismissed as abated with no order on costs.
Appeal dismissed as abated for failure to implead legal representatives of deceased 1st respondent; no 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.
[3369]
APHC010608702010
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(Special Original Jurisdiction)
WEDNESDAY ,THE ELEVENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE T. MALLIKARJUNA RAO SECOND APPEAL NO: 859/2010
Between:
Jampani Paul Prasad
...APPELLANT
AND
Pamulapati Hymavathi and Others
...RESPONDENT(S)
Counsel for the Appellant:
1.GADE VENKATESWARA RAO
Counsel for the Respondent(S):
The Court made the following JUDGMENT:
1. This Second Appeal was filed by the Appellant/Defendant No.5 under Section 100 of the Code of Civil Procedure, 1908 (for short, 'C.P.C.') against the Judgment and decree, dated 26.04.2010 passed in A.S.No.97 of 2007 on the file of learned Principal Senior Civil Judge’s Court, Tenali, confirming the judgment and decree, dated 10.04.2007 passed in O.S.No.176 of 1999 on the file of learned I Additional Junior Civil Judge’s Court, Tenali. 2. Today, when the matter is taken up for hearing in the morning session, no representation on behalf of the appellant. Learned counsel for the respondents present. The matter was subsequently passed over at 2.15 P.M. 3. A perusal of the proceeding sheet dated 27.11.2024 indicates that the respondents already filed a Memo reporting the death of 1st respondent on
16.01.2016. Despite filing of this Memo, the appellant has not taken steps to implead the Legal Representatives of the deceased/1st appellant.
4. In the afternoon session also, there was no representation on behalf of the appellant despite listing the matter under the caption ‘for dismissal/abatement’. It seems that the appellant is not evincing any interest to implead the L.Rs of the deceased/1st appellant. This Court is of the view that except dismissal of the appeal this Court has no other option to proceed further.
5. Appeal against R2 and R3 already dismissed by an order dated 19.08.2015.
6. Accordingly, the Second Appeal is dismissed as abated . However, there shall be no order as to costs.
Miscellaneous petitions pending, if any, in this appeal shall stand closed.
_____________________________ JUSTICE T. MALLIKARJUNA RAO
Date:11.12.2024 MS
THE HON’BLE SRI JUSTICE T.MALLIKARJUNA RAO
SECOND APPEAL NO.859 OF 2010
Date:11.12.2024
MS
1 provisions across 1 enactments
Jampani Paul Prasad
Pamulapati Hymavathi
T. Mallikarjuna Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
