KATARI SURYANARAYANA Vs. KOPPISETTI SUBBA RAO

JUDGEMENT

(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.