The court dismissed the Appeal Suit as abated because the sole appellant died, which automatically abated the suit under the law of abatement.
The Appeal Suit was dismissed as abated; miscellaneous petitions were dismissed.
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HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY
APPEAL SUIT No. 536 OF 1997
JUDGMENT:
Sri M. Krishna Mohan Rao, learned counsel for the appellant, reported that he addressed a letter to the sole appellant and the same was returned with an endorsement that the ‘addressee died’ without disclosing his date of death.
When the sole appellant seems to have died, the Appeal automatically stands abated by operation of law. Hence, the Appeal Suit is dismissed as abated.
In consequence, miscellaneous petitions, if any, pending in this Appeal, shall stand dismissed. No order as to costs.
_____________________________ M. SATYANARAYANA MURTHY, J Date: 06.07.2015. Dsh
HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY
61
06072015, 22072015, 22072015
APPEAL SUIT No. 536 OF 1997
Date.06.07.2015
DSH
1 issue framed by the court
Whether the Appeal Suit stands abated due to the death of the appellant before disclosure of the date of death.
M. Krishna Mohan Rao
M. SATYANARAYANA MURTHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
