Sulochanamma vs P.Ramadevi
2022 Latest Caselaw 366 AP

           HIGH COURT OF ANDHRA PRADESH :: AT AMARAVATI
MAIN CASE No.: S.A.No.31 of 2022
                             PROCEEDING SHEET
Sl.      Date                           ORDER                           OFFICE
No.                                                                      NOTE

1.    25.01.2022                                               Transferred
                   MVR,J
                                                                  to I/o
                                 S.A.No.31 of 2022                folder
                                                                  before
                        Heard      Smt Y. Mahalakshmi, learned
                                                                correction
                   counsel for the appellants.

                         Considering the findings recorded in the
                   judgments of the trial court as well as the
                   appellate court and submissions of learned
                   counsel for the appellants, since the following
                   substantial    questions   of   law   arise    for
                   determination in this second appeal, ADMIT.

                    1. Whether the Courts below is right in
                       dismissing the suit as it is abated on the
                       ground that one of the plaintiff died pending
                       the suit without considering the principle
                       that a suit for partition never abates by
                       death of a co-sharer even if the legal
                       representatives were not brought on record
                       and that, therefore, it could not be said that
                       the suit abated totally as held by Hon'ble
                       Court in Kotamida Ramayya V. Chinna
                       Chennarayana, 1974 An.W.R.149 ?

                    2. Whether the Courts below can dismiss the
                       suit for partition on the sole ground for non-
                       joinder and misjoinder of the parties in the
                       suit for partition ?

                        Notice to respondents.

List during last week of March, 2022.

_______ MVR,J I.A.No.1 of 2022 Heard.

Notice to respondents. Personal notice is permitted.

_______ MVR,J EPS