The case dismissed both appeals as abated due to the death of appellants. No steps were taken to implead their legal heirs, resulting in the automatic abatement of the proceedings under service of law.
Both appeals dismissed as abated.
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THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY
C.M.S.A.No.49 OF 2012
AND
SECOND APPEAL No.940 OF 2009
COMMON JUDGMENT:
Sri M. A. Muqeed, learned counsel representing on behalf of Sri K. Murali Krishna, learned counsel for the appellants, submits that the 1st appellant in both the appeals is one and the same and he died on 18.12.2012 and furnished a copy of his death certificate.
The 2nd respondent in C.M.S.A.No.49 of 2012 and the
7th appellant in S.A.No.940 of 2009 is one and the same, who died long back. Till today, no steps were taken to implead his legal heirs and the appeal against the 1st respondent in S.A.No.940
of 2009 has already been abated by operation of law. Similarly,
for failure to take steps to implead the legal heirs of the
1st appellant, both the appeals are dismissed as abated.
Miscellaneous Petitions, if any, pending in the appeal shall stand closed.
M.SATYANARAYANA MURTHY, J
09.06.2015
KH
2 issues framed by the court
Whether both appeals are abated due to non-implement of legal heirs of deceased appellants?
Whether summons under Order VII Rule 11 CPC can be invoked against deceased persons without impleading legal heirs?
M. SATYANARAYANA MURTHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
