- (1.) Leave granted.
(2.) Effect of abatement of an appeal, as envisaged under Order 22 Rule 9 of the Code of Civil Procedure is involved in this appeal which arises out of a judgment and order dated 26.12.2006 passed by a learned Single Judge of the High Court of Judicature Andhra Pradesh at Hyderabad in Second Appeal No. 192 of 1997 dismissing an application of the appellant herein to condone the delay of 2381 days and 2601 days respectively in bring on records, the legal heirs and representatives of two respondents therein being respondents No. 2 and 3 holding that the second appeal preferred by them must be dismissed having abated, since cause of action therefor was indivisible.
(3.) Before adverting to the question involved, we may notice the fact of the matter. The parties hereto are neighbours. The dispute between them arose in relation to user of a lane. Appellants claim that they were entitled to use the passage in exercise of their right of easement. They purchased some property including the 1/12th right of the vendors in the disputed suit land on or about 6.11.1985. Prior thereto, they were said to have been enjoying an easmentary right thereover.;