JAYAMMA Vs. MAHADEVAMMA

JUDGEMENT

(1.) THIS second appeal is by the third defendant in O.S. No. 3/1993 and third respondent in R.A. No.

(2.) /2000 challenging the judgment and decree of the lower Appellate Court in allowing R.A. No.2/2000 filed by the plaintiff and setting aside the judgment and decree of the trial Court and decreed the suit of the plaintiff holding that the plaintiff is entitled for partition and separate possession of her 1/5th share in the suit schedule properties and the sale transaction dated 05.05.1986 is not binding on the share of the plaintiff. 2. During the pendency of the appeal, plaintiff/1st respondent herein died and since the appellant has tailed to take steps to bring the L.Rs of 1st respondent on record the appeal against 1st respondent came to be dismissed as abated as per the order of this Court dated 29.6.2011. Further, appeal against respondent Nos.3 and 4 also came to be dismissed as per the conditional order of this Court dated 28.05.2012 on the ground that the appellant has failed to take steps to issue notice to the said respondents.

(3.) IN view of dismissal of the above appeal against the contesting 1st respondent who is the plaintiff in the suit and in whose favour the lower Appellate Court has decreed the suit and in view dismissal of the appeal against respondents 3 and 4 for non prosecution the appeal does not survive for consideration.