Kandula Surya Harinath v. Nambari Atchayyamma

HON'BLE SRI JUSTICE A. SHANKAR NARAYANA Second Appeal No. 225 of 2000 Judgment:

Learned counsel for the respondent represents that, earlier it was brought to the notice of this Court that the sole respondent died on 08.06.2012. In fact, when the earlier proceedings were perused, it reflects that, on 26.06.2015, since there was no representation for the appellant, the matter was directed to be listed under the caption "for dismissal" on 03.07.2015. On 03.07.2015, learned counsel for the appellant himself has represented that the sole respondent was no more and sought time to take steps and, in that view of the matter, the Registry was directed to list the matter on 24.07.2015 by deleting from the caption "for dismissal". Again, on 31.07.2015, there was no representation for the appellant, but the learned counsel for the respondent represented the matter. It was recorded that no steps appears to have been taken. Then again, when it was listed on 06.11.2015, since a request was made for adjournment, the matter was directed to be listed after two weeks.

2. Today, learned counsel for the sole appellant again requests time. Since the instant Second Appeal is filed against the sole respondent and the learned counsel for the respondent even represents that he has communicated the date of death of the respondent as 08.06.2012 and has given the particulars of the legal representatives of the deceased sole respondent to the learned counsel for the sole appellant and since no steps have been pursued, to bring the legal representatives on record, the Second Appeal stands abated.

3. As a sequel thereto, the miscellaneous applications, if any, pending in the Second Appeal shall stand closed.

_____________________ A. SHANKAR NARAYANA, J Date: 11.12.2015 Nsr