Citation : 2023 Latest Caselaw 6126 AP
Judgement Date : 18 December, 2023
HIGH COURT OF ANDHRA PRADESH : AMARAVATHI
MAIN CASE No: S.A.No. 924 of 2008
PROCEEDING SHEET
Sl. DATE OFFICE
No ORDER NOTE
18.12.2023 Dr.VRKS,J
O.S.No.161 of 2000 is a suit for
declaration of title and perpetual injunction.
By judgment dated 05.03.2007, learned
Principal Junior Civil Judge, Kavali dismissed
the suit. The aggrieved plaintiff preferred
A.S.No.12 of 2007. By judgment dated
21.04.2008, learned Senior Civil Judge, Kavali
allowed the appeal and set aside the trial Court
judgment.
Aggrieved defendants preferred this
second appeal. Respondent No.1 in the second
appeal is the plaintiff before the trial Court. Respondent No.2 is defendant No.3 in the suit.
Respondent No.1 died on 18.05.2021. In those circumstances, appellants filed I.A.No.2 of 2023 under Order 22 Rule 9 of C.P.C to implead the legal representative and erred her as respondent No.3. To set aside abatement, I.A.No.2 of 2023 was filed. To condone delay of
So far, no counters have been filed. There is no representation on both sides.
On perusal of the record, it is seem that for the deceased, the proposed legal representative is the very wife. Since the death and relationship are not disputed.
All these applications are 'allowed'. Registry is directed to carry-out the necessary amendments in the appeal papers.
For hearing, list the appeal after six (06) weeks.
___________ Dr.VRKS,J
SR
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