V.Lakshmana Rao v. V.Venkata Ramana

THE HON'BLE SRI JUSTICE V. RAMASUBRAMANIAN AND THE HON'BLE SRI JUSTICE A. SHANKAR NARAYANA LETTERS PATENT APPEAL No. 15 of 2004 JUDGMENT: (Per VRS,J) This appeal was posted for final hearing in March, 2015. Immediately, the learned counsel for the appellant sent a letter by speed post to the appellant on 06.03.2015. The envelope returned with an endorsement that the appellant died. Therefore, the learned counsel for the appellant took time to take steps. But, the appeal went out of the list after April, 2015 and again re-surfaced in January, 2016 and in June, 2016. On 01.06.2016, the learned counsel took two weeks time to take steps. So far, steps have not been taken, despite the learned counsel addressing letters to the legal representatives of the appellant. This appeal arises out of a decree and judgment passed in a suit for partition filed way back in 1981 and confirmed by a learned Single Judge in the first appeal of the year 1987.

Therefore, this appeal is dismissed as having abated.

Consequently, miscellaneous petitions if any pending in the writ petition shall stand dismissed. There shall be no order as to costs.

__________________________

V. RAMASUBRAMANIAN, J ___________________________ A. SHANKAR NARAYANA, J.

15th June, 2016 cbs THE HON'BLE SRI JUSTICE V. RAMASUBRAMANIAN AND THE HON'BLE SRI JUSTICE A. SHANKAR NARAYANA

Letters Patent Appeal No. 15 of 2004 (Per VRS,J) 15th June, 2016 cbs