State Of A.P. vs M/S. G. Ramachandra Reddy And Co.
2025 Latest Caselaw 5549 Tel

Telangana High Court

State Of A.P. vs M/S. G. Ramachandra Reddy And Co. on 17 September, 2025

THE HON'BLE SRI JUSTICE NARSING RAO NANDIKONDA

                   C.C.C.A.No.27 of 2003

JUDGMENT:

This Appeal is preferred by the State against the

judgment and decree, dated 08.08.2002 passed in

O.S.No.1106 of 1996 on the file of the II Senior Civil Judge,

City Civil Court, Hyderabad.

2. At the time when the matter is taken up for hearing,

learned counsel for respondent No.1 submitted that by an

order, dated 27.04.2011, this Court, while permitting the

appellant to take out personal notice to the respondents,

directed the appellant to bring the legal representatives, if

any, of the respondents or the parties died, on record within

six weeks, failing which the appeal stands abated and liable

to be dismissed for non-prosecution.

3. On 26.03.2025, learned counsel for the respondents

filed a memo stating that out of total 11 partners of the 1st

respondent firm, nine partners died and only two partners

were survived and the particulars and details of all the legal

heirs of the deceased partners are not available. The memo

further discloses that respondent No.1 firm was dissolved on

19.11.2018 and the same was approved by the Registration

and Stamps Department in the office of the Registrar of

Firms, Hyderabad and to that effect, a certificate was also

given by the Registrar of Firms, which was filed along with the

Memo.

4. Learned counsel for the respondents further submitted

that since the entire partnership firm is dissolved and the

same was already communicated to the Registrar of Firms as

per Form No.6 maintained under Section 63 of the Indian

Partnership Act, 1932, the appeal is liable to be dismissed as

the cause in the appeal does not survive for further

adjudication.

5. Recording the above submission, the C.C.C.A. is

dismissed. There shall be no order as to costs.

Miscellaneous petitions, if any are pending, shall stand

dismissed.

________________________________________ JUSTICE NARSING RAO NANDIKONDA 17.09.2025 gkv