Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 5087 (AP)

Mohad Ismail, v. Kandula Vasundhara,

AS/71/2011 · 2025-03-13

B V L N Chakravarthi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010041322011 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: 71/2011 Between: 1. MOHAD ISMAIL, S/O. IBRAHIM, R/O. D.NO. 76-2-53, NEAR DARGAH, BHAVANIPURAM, VIJAYAWADA - 12 KRISHNA DISTRICT. ...APPELLANT AND 1. KANDULA VASUNDHARA, W/O. SRINIVASA RAO, HINDU, PROPERTY, R/O. AT 1-3/328/7/1, YADDANAPUDIVARI STREET, VIDYADHARAPURAM, VIJAYAWADA, KRISHNA DISTRICT. 2. ANITA TIBREWAL, W/O. ANIL TIBREWAL, HINDU, PROPERTY, R/O. FLAT NO. 247, FOURTH FLOOR, LOTUS TOWERS, MOGALRAJAPURAM, VIJAYAWADA-10 ...RESPONDENT(S): Counsel for the Appellant: 1. NAMAVARAPU RAJESWARA RAO Counsel for the Respondent(S): 1. ITHAPU SUBRAHMANYESWARA RAO The Court made the following: THE HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI APPEAL SUIT No.71 OF 2011 J U D G M E N T: None appeared for the appellant/defendant No.1. 2. Sri I.Subrahmanyeswara Rao, learned counsel for the respondent No.1 would submit that the appellant/D1 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. Sri Abhay Siddartha Moothy, learned counsel for respondent No.2 is in attendance. 4. There is no dispute that the appellant/D1 died long ago and no steps are being taken by legal representatives of the deceased appellant/D1 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. 5. 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 11 THE HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI APPEAL SUIT No.71 OF 2011 Date:13.03.2025 Pmk