Smt.Balumuri Chittemma E.G.Dist vs Smt.Balumuri Suryakantham, ...
2022 Latest Caselaw 1744 AP

          HON'BLE SRI JUSTICE SUBBA REDDY SATTI

                         I.A.NO.1 OF 2022
                              IN/AND
                    APPEAL SUIT No.47 of 2000
JUDGMENT:-

       The appeal is filed by the defendant aggrieved by the

decree and judgment, dated 27.07.1999 passed in O.S.No.5 of

1994 on the file of learned District Judge, East Godavari

District, Rajahmundry.

       I.A.No.1 of 2022 under Section 151 of the Code of Civil

Procedure, 1908 is filed by the respondents in the appeal

praying the Court to dismiss the appeal suit as abated in view of

the death of the sole appellant, who has no issues.

As per averments made in the affidavit, the respondents

herein filed O.S.No.5 of 1994 on the file of District Judge, East

Godavari, Rajahmundry against the appellant herein for

partition of the suit schedule property. The trial Court by

judgment, dated 27.07.1999, passed preliminary decree.

Assailing the same, the present appeal is filed.

Since the sole appellant died on 13.01.2006 and no steps

were taken to bring the legal representatives of the deceased on

record, the appeal is abated.

In view of the above I.A.No.1 of 2022 is allowed.

Consequently the Appeal Suit is dismissed as abated. No costs.

As a sequel, pending miscellaneous petitions, if any, shall stand closed.

_______________________________ JUSTICE SUBBA REDDY SATTI Date : 11.04.2022 IKN

HON'BLE SRI JUSTICE SUBBA REDDY SATTI

APPEAL SUIT No.47 of 2000 11.04.2022

ikn