HEMAREDDI (D) THROUGH LRS. Vs. RAMACHANDRA YALLAPPA HOSMANI

JUDGEMENT

(1.) This appeal by special leave is directed against the order of the High Court in Regular First appeal No. 717 of 1998. By the impugned judgment, the High Court has taken the view that the appeal filed by the appellant does not survive for consideration. This is on the following reasoning:

(2.) It was the appellants case that one Govindareddi, the propositus died in 1946. He left behind him two sons and a daughter. The plaintiffs were the children of one of the sons. The second defendant was the wife of the other son Basavareddi. The suit properties were the properties of the joint family of Govindareddi and his sons it was claimed. The plaintiffs have filed another suit as 0. S. No. 66 of 1990 against the second defendant for declaration that she has no right in the property. Injunction was also sought. Injunction was ordered against her. On the ill advice of some advisors it was their case that she has created a false document of adoption dated 27.04.1991 adopting the first defendant. Defendants 3 and 4 are alleged to have given to the first defendant on adoption to the second defendant. The trial Court dismissed the suit and therefore upheld the adoption. Against the said judgment as noted, both the plaintiffs preferred first appeal before the High Court. It is while so that during the pendency of the appeal the second plaintiff/second appellant died. The LRs of the second appellant were not brought onrecord. The appeal, therefore, abated qua the second appellant. The High Court took the view that having regard to the decree which has been passed the appeal would abate not only qua the second appellant/ plaintiff but as a whole and accordingly it was so ordered.

(3.) We have heard learned counsel for the parties.