Pamu Papa Rao v. Pamu Suridemudu And ORS.

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY SECOND APPEAL No.745 of 2000 JUDGMENT:

This appeal is filed by the plaintiff, under section 100 CPC, assailing the judgment and decree dated 03.06.2000 in A.S.No.37 of 1997 on the file of Additional District Court, at Vizianagaram, wherein whereby the decree and judgment dated 18.02.1997 in O.S.No.72 of 1996 on the file of District Munsif Court, Kothavalasa, decreeing the suit filed by the plaintiff for declaration, was reversed.

2.

At the time of hearing, learned counsel for the appellant submitted that the first appellant, who is the plaintiff, died during pendency of the first appeal and the present appeal is filed by the second appellant, being her legal representative. Second appellant also died about four years back. On 31.10.2018, this Court directed the appellant's counsel to take steps of second appellant on or before 14.11.1998, failing which, the appeal stands dismissed automatically. No steps are taken so far to bring the legal representatives of the appellant. No purpose will be served by keeping the matter pending further.

3.

Hence, the appeal is dismissed as abated. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed.

_________________________ T.SUNIL CHOWDARY, J 14.11.2018 Rns