AJAY RASTOGI - (1.) The aforesaid civil appeals arise from the impugned judgment dated 22nd November, 2005 passed by the High Court of Andhra Pradesh at Hyderabad in Appeal No. 1146 of 1996(and cross objections) confirming the judgment and decree passed by the learned trial Court dated 12th October, 1995 in Original Suit No. 175 of 1987 whereby the Courts below have inter alia decreed the suit schedule 'A' and 'B' properties and have dismissed the suit qua schedule 'C' property filed by the respondent(s)/plaintiff(s).
(2.) When the aforesaid civil appeals were taken up for adjudication, the respondents/plaintiffs raised a preliminary objection to the prosecution of the appeals on the ground that the civil appeals have abated in toto. It is to be further noticed that the defendant no. 2 Goli Sathiraju died on 21 st February, 2006 and his legal heirs have not chosen to come on record and when the matter was listed before the Chamber Judge, it was observed vide Order dated 24th July, 2009 as follows: "IA No. 2 in SLP(C ) No. 9401/2006 is for deletion of petitioner no. 2 who is stated to have died on 21/2/2006 and his LRs have not chosen to come on record. Hence, the matter abates insofar as petitioner no. 2 is concerned. I.A. No. 2 is allowed. Petitioner no. 2 in SLP(C ) No. 9401/2006 is the respondent no. 2 in the connected SLP(C ) No. 19919/2006. SLP(C ) No. 9401/2006 insofar as petitioner no. 2 is concerned stands abated. In view thereof, petitioner is permitted to delete respondent no. 2 from the array of parties. I.A. No. 3 is allowed."
(3.) When the matter came before the Court on 10 th May, 2018, taking note of the view expressed by the Chamber Judge dated 24th July, 2009, it was observed that in view of the appeal stood abated qua the appellant no. 2, therefore, the appeal in entirety stands abated. Learned counsel for the appellants sought time to examine the issue regarding the abatement of the proceedings in view of the fact that the appeal stood abated qua appellant no. 2 in terms of order dated 24 th July, 2009.;