Namathoti Boddapati Deva Rani vs Namathoti Manikya Rao
2024 Latest Caselaw 7161 AP

Andhra Pradesh High Court - Amravati

Namathoti Boddapati Deva Rani vs Namathoti Manikya Rao on 13 August, 2024

       HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
MAIN CASE No: C.M.A.No. 800 of 2008

                      PROCEEDING SHEET
SL.   DATE                             ORDER                            OFFICE
NO.                                                                      NOTE
4.  13.08.2024   RNT,J & VN,J

                               I.A.Nos.1, 2 & 3 of 2024
                         Sri Maheswara Rao Kuncheam, learned
                 counsel who was asked to assist the Court, has
                 placed the judgments inter-alia in Yallawwa v.
                 Shantavva, {(1997) 11 SCC 159}, in which the
                 Hon'ble Apex Court held that right to sue would
                 also survive where the spouse died pending such
                 appeal against Order 9 Rule 13 CPC. In such
                 case also the proceedings can be continued
                 against the legal representatives of the deceased
                 spouse who may be interested in supporting
                 decree of divorce passed against the aggrieved
                 spouse.
                 2.      I.A.No.1 of 2024 is filed for condonation of
                 delay of 1675 days in filing the application to set
                 aside the abatement order against the respondent

No.1.

3. I.A.No.2 of 2024 is filed seeking to set aside the abatement order against the respondent No.1.

4. I.A.No.3 of 2024 is filed to bring on record the proposed respondent Nos.2 & 3, the legal representatives of the deceased sole respondent.

SL.   DATE                        ORDER                          OFFICE
NO.                                                               NOTE

5. Issue notice to proposed respondent Nos.2 & 3.

6. In addition to the normal mode of service, the appellant is permitted to take out personal notice to the proposed respondent Nos.2 & 3 by registered post and acknowledgment due and file proof of service in the Registry within one week.

7. Post on 03.09.2024.

______ RNT,J

_____ VN,J AG