Chandrashekhar, J. - (1.)This is an appeal from the judgment and decree in Original Petition (L. A. C.) No. 76 of 1951 on the file of the Subordinate Judge of South Kanara. That petition arose on a reference under Section 30 of the Land Acquisition Act, for apportionment among the claimants of the compensation awarded for acquiring 79 cents of land in T. S. No. 265 in Mangalore Town. The learned Subordinate Judge held that respondents-claimants 11 to 18 were solely entitled to the entire compensation, Feeling aggrieved by that decision, claimants 2, 4 to 7 and 19 have preferred this appeal impleading Claimants 11 to 18 as respondents.
(2.)At the hearing of the appeal Mr. K. R. D. Karanth, learned counsel for respondents, raised the following two preliminary objections to the appeal:
(i) The appeal is barred by the principle of res judicata, as the appellants did not appeal from the decree in the suit which was decided along with the Original petition by a common judgment; and (ii) The entire appeal abated on the death of appellant No. 5, Vedavathi, whose legal representatives have not been brought on record.

(3.)Before going into the merits of the appeal, it is necessary to consider these two preliminary objections because, if either of them is upheld, the appeal must fail and it would be unnecessary to go into the merits of the appeal.
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