IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE TWENTY SECOND DAY OF MARCH TWO THOUSAND AND ELEVEN Present HON’BLE SRI JUSTICE G. BHAVANI PRASAD A.S.M.P. No.2615 of 2010 IN A.S. No.3723 of 1992 Between: Smt. Sistla Kamala .. Petitioner/2nd respondent AND Sri Lellapalli Venkata Kasiviswanatha Sarma (Died) & another .. Respondents AND A.S. No.3723 of 1992 Between: Lellapalli Venkata Kasiviswanatha Sarma .. Appellant AND Sistla Anjaneya Sastry & another .. Respondents The Court made the following: HON’BLE SRI JUSTICE G. BHAVANI PRASAD A.S.M.P. No.2615 of 2010 AND A.S. No.3723 of 1992 COMMON JUDGMENT: Heard Sri Dantu Srinivas, learned counsel for the second respondent/petitioner and Sri V. Ravinder Rao, learned counsel for the deceased appellant. 2. The statement in the affidavit of the petitioner that the sole appellant died on 09.09.2005 is not in dispute and by that very admitted circumstance, the appeal obviously appears to have stood abated. 3. Sri V. Ravinder Rao, learned counsel for the deceased appellant stated that he has informed the legal representatives of the deceased sole appellant about the need for taking steps to have them brought on record after getting the abatement set aside and the delay condoned and he is awaiting instructions from them. 4. While the legal representatives of the deceased sole appellant will always have a right to approach the Court to have the delay condoned, abatement set aside and to be brought on record if they are so advised and so entitled, the present application is only to have the factum of abatement recorded which consequence already took place due to the absence of taking steps since the death of the sole appellant on 09.09.2005. 5. Therefore, subject to the rights of the legal representatives, if any, to approach the Court for appropriate reliefs, the A.S.M.P.No.2615 of 2010 is ordered and A.S.No.3723 of 1992 is dismissed as abated without costs. _____________________ G. BHAVANI PRASAD, J Date: 22nd March, 2011 Note: Issue C.C. by two days (B/o.) KL HON’BLE SRI JUSTICE G. BHAVANI PRASAD A.S.M.P. No.2615 of 2010 AND A.S. No.3723 of 1992 Date: 22nd March, 2011 KL