J.Subba Rao, Zonal Office, ... vs Smt. J.Venkata Lakshmi, ...
2022 Latest Caselaw 5751 Tel

               THE HON'BLE SRI JUSTICE M.LAXMAN
                          I.A.No.1 of 2022
                               IN/AND
             CITY CIVIL COURTS APPEAL No.263 of 2008
JUDGMENT:

1. I.A.No.1 of 2022 is filed by the respondent No.3 to dismiss

the appeal, upon the appellant failing to bring the legal heirs of

the respondent Nos.1 and 2 on record.

2. The suit is for partition to partition the suit schedule

property into four equal shares and to allot one such share to the

plaintiff. The suit is decreed in part. Assailing the same, the

present appeal is filed by defendant No.1.

3. No steps have been taken to bring the legal representatives

of respondent Nos.1 & 2 on record, who died on 23.03.2017 and

12.01.2020 respectively. Since, the suit is for partition of the

property, without the legal heirs, the appeal cannot be heard.

4. Therefore, the City Civil Courts Appeal is dismissed as abated. No costs.

Miscellaneous Petitions, pending if any, shall stand closed.

______________________ JUSTICE M.LAXMAN

10.11.2022 ESP/Gms

THE HON'BLE SRI JUSTICE M.LAXMAN

C.C.C.A.No.263 of 2008

Dated: 10.11.2022

ESP/Gms