Uppalapati Vivekanandastyling ... vs Santhi Ashramam, Rep By Its ...
2021 Latest Caselaw 5508 AP

                  HIGH COURT OF ANDHRA PRADESH
MAIN CASE NO.: S.A.No.860 of 2005
                          PROCEEDING SHEET
Sl.No.     Date                            ORDER                      OFFICE
                                                                       NOTE
                      Dr.KMR,J
         27.12.2021
                                   I.A.No.1 of 2013
                             (S.A.M.P.No. 2523 of 2013)
                            This application is filed seeking to
                      condone the delay of 890 days in filing
                      the application for setting aside the
                      abatement caused due to the death of
                      the sole appellant.

                            It      is    stated   that   the   1st
                      petitioner/1st appellant is the father of
                      the petitioner Nos. 3 to 5 and husband
                      of the 2nd petitioner and questioning the
                      Judgment /decree in A.S.No.736 of
                      2000 on the file of Principle Senior Civil
                      Judge,        Visakhapatnam         the   1st
                      petitioner filed the present appeal.      He
                      died intestate on 25.11.2010 leaving
                      behind the petitioner Nos.2 to 5 as his
                      legal representatives of the deceased 1st
                      petitioner.        It is further stated that
                      petitioners are not aware the pendency
                      of the above second appeal and they
                      were informed about the pendency of
                      the appeal when they contacted their
 counsel. The delay is neither willful or
wanton but for the above reason.

        Respondents herein filed counter

opposing the application.

In view of the averments stated above, the application is allowed condoning the delay of 890 days in filing the application for setting aside the abatement, subject to payment of costs of Rs.3000/- payable to the Andhra Pradesh State Legal Services Authority, Amaravathi by the appellant/ petitioner, within a period of one week from the date of order.

The petitioner shall file the payment of costs as ordered.

___________ Dr.KMR, J I.A.No.2 of 2013 (S.A.M.P.No.2524 of 2013) Since, I.A.No.1 of 2013 is allowed the present application is allowed setting aside the abatement of the appeal.

____________ Dr.KMR, J I.A.No.3 of 2013 (S.A.M.P.No.2525 of 2013)

This application is filed seeking to bring the legal representatives of the deceased 1st petitioner on record as appellant Nos.2 to 5.

Heard the learned counsel for the petitioner and the learned counsel respondent has not opposed the application.

In view of the reasons stated in the affidavit filed in support of the application, the application is allowed and the proposed petitioners be impleaded as appellants 2 to 5 being the legal representatives of the 1st appellant.

Registry is directed to carry out necessary amendments in the cause title of the appeal.

____________ Dr.KMR, J

S.A.No.860 of 2005

Registry is directed to print the name

of Sri E.V.V.S.Ravi Kumar for the appellants counsel.

List on 07.01.2022.

____________ Dr.KMR, J (BSP)