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2025 DAILYLAW 26286 (AP)

Mohad Ismail, v. Kandula Vasundhara,

AS/871/2010 · 2025-03-13

B V L N Chakravarthi

body2025

Judgment text

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APHC010371462010 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3368] THURSDAY, THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI APPEAL SUIT NO: 871/2010 Between: 1. MOHAD ISMAIL, S/O. IBRAHIM, R/O. D.NO. 76-2-53, NEAR DARGAH, BHAVANIPURAM, VIJAYAWADA-12, ...APPELLANT AND 1. KANDULA VASUNDHARA, W/o. Srinviasa Rao, R/o. HIG 110, H.B. Colony, Bhavanipuram, Vijayawada, Krishna District. ...RESPONDENT Counsel for the Appellant: 1. NAMAVARAPU RAJESWARA RAO Counsel for the Respondent: 1. ITHAPU SUBRAHMANYESWARA RAO The Court made the following: THE HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI APPEAL SUIT No.871 OF 2010 J U D G M E N T: None appeared for the appellant. 2. Sri I.Subrahmanyeswara Rao, learned counsel for the respondent would submit that the appellant died long ago and no steps were being taken by the legal representatives of the deceased within a period of limitation to come on record as legal representatives of the deceased. Therefore, the appeal is abated by operation of law. 3. There is no dispute that the appellant died long ago and no steps are being taken by legal representatives of the deceased appellant within the time prosecuted by law to come on record to prosecute the appeal. Therefore, the appeal is liable to be dismissed, as abated by operation of law. 4. Accordingly, the appeal is dismissed as abated. There shall be no order as to costs. As a sequel, interlocutory applications pending, if any, shall stand closed. ___ JUSTICE B.V.L.N.CHAKRAVARTHI 13.03.2025 Pmk 13 THE HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI APPEAL SUIT No.871 OF 2010 Date:13.03.2025 Pmk