Andhra Pradesh High Court - Amravati
Smt. Shamshad Begum (Died) vs Smt Kairunnisa Begum on 29 August, 2024
APHC010476292004
IN THE HIGH COURT OF ANDHRA
PRADESH
[3369]
AT AMARAVATI
(Special Original Jurisdiction)
THURSDAY, THE TWENTY NINETH DAY OF AUGUST
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO
SECOND APPEAL NO: 678/2004
Between:
1. SMT. SHAMSHAD BEGUM (DIED), S/O.RAGHAVA REDDY,
LECTURER, SARDAR PATEL COLLEGE,
PADMARAONAGAR, SECUNDERABAD.
2. SMT. AFSAR BEGUM, W/O. MD. IBRAHIM HOUSEWIFE
C/O. R. PULLAIAH D.NO. 9/515, NEAR A.T.R.MILL,
GOOTY,ANANTHAPUR DISTRICT,
3. SMT. RAZIA BEGUM, W/O. MD. IBRAHIM HOUSEWIFE
H.NO. 17-7-19/2, NEAR GANGANAMMA TEMPLE,
LAKSHMIVARAPUPET, ELURU, E.JR.C.J.
4. SMT. SHAMIM, W/O. MEERA SHARIFF HOUSEWIFE
H.NO. 658, TAILORPET, NARSAPUR, NARSAPUR JR.C.J.
5. SMT. GOUSIA BEGUM, W/O. MD. IBRAHIM HOUSEWIFE
H.NO. 17-7-19/2, NEAR GANGANAMMA TEMPLE,
LAKSHMIVARAPUPET, ELURU, E.JR.C.J.
6. MD. ABDUL KHADER, S/O. LATE GULAB MOHAMMED
ENGINEER, II SUB NO.1 BESIDES MAZDABAZA JAGATH,
GULBARGA, GULBARGA, CITY CIVIL COURT,
KARNATAKA STATE.
7. MD. REYAZ, S/O. LATE GULAB MOHAMMED BUSINESS
C/O. KASHNA, E.TAZNEEM, D.NO. 1-952/1A, OPP.
RAILWAY STATION GULBARGA, KARNATAKA STATE,
GULBARGA CITY CIVIL COURT.
8. SMT. KAUSAR BEGUM, W/O. MD. SALEEM HOUSEWIFE
C/O. KASHNA, E.TAZNEEM, D.NO. 1-952/1A, OPP.
RAILWAY STATION GULBARGA, KARNATAKA STATE,
GULBARGA CITY CIVIL COURT.
9. SMT. SALMA BEGUM, W/O. RAJIGU HOUSE WIFE
C/O. KASHNA, E.TASNEEM, D.NO. 1-952/1A, OPP.
RAILWAY STATION GULBARGA, KARNATAKA STATE,
GULBARGA CITY CIVIL COURT.
...APPELLANT(S)
2
AND
1. SMT KAIRUNNISA BEGUM, W/O. LATE MD. ISMAIL
SHARIFF HOUSE WIFE DOOR NO. 17-7-19/2, NEAR
GANGANAMMA TEMPLE, LAKSHMIVARAPUPET,
ELURU.
2. M K KALEEMULLA SHAREEF BASHA, S/O. LATE
ISMAIL SHARIFF BUSINESS DOOR NO. 17-7-19/2,
NEAR GANGANAMMA TEMPLE,
LAKSHMIVARAPUPET, ELURU, ELURU JR.C.J.
...RESPONDENT(S):
Counsel for the Appellant(S):
1. RAMA MOHAN PALANKI
Counsel for the Respondent(S):
1. K SITA RAM
The Court made the following Judgment:
This appeal is filed under Section 100 of C.P.C against the
Decree and Judgment in O.S.No.336 of 1992 dated 14-12-1999
on the file of Principal Junior Civil Judge, Eluru and confirmed as
per the Judgment and decree in A.S.No.203 of 1999 dated
24.11.2003 allowing the O.S.No.17 of 1994 on the file of District
Judge, West Godavari District, Eluru.
02. The proceeding sheet dated 22.08.2023 indicates that
learned counsel for appellant requested time to take steps to
implead the legal representatives of deceased respondent and
furnish information about the details of the respondent, again on
01.11.2023 also a request is made on behalf of appellant, with a
request to grant time to implead the legal representatives. This
Court directed the matter to be listed under the caption 'for
dismissal'. Despite granting of several adjournments thereafter no
steps have been taken to implead the legal representatives of
respondent. It seems appellant has no interest to bring on record
the legal representatives of deceased respondent.
03. As seen from the record, it is a suit for partition as such the
appellant is supposed to implead the legal representatives of the
deceased respondent. Since steps have not been taken, this
Court finds that appeal is liable to be dismissed as abated.
04. In the result, the Appeal is dismissed as abated. No order
as to costs.
Consequently, miscellaneous petitions if any, stand closed.
____________________________________
JUSTICE T. MALLIKARJUNA RAO
Date :29.08.2024
GRL
