RANJITHA Vs. AVINASH

JUDGEMENT

(1.) Heard the learned counsel appearing for the appellants.

(2.) The appeal filed by these appellants before the First Appellate Court was dismissed on the ground that there was a delay of six years, four months and 15 days in filing the appeal. Apart from that, in paragraph No.14 of the judgment, the First Appellate Court made an observation that a suit is filed in O.S.No.122/2010, wherein, they sought for the declaration that the decree passed in O.S.No.122/2008 is not binding on their shares and also made an observation that if the appellants succeeds in the suit filed by them, their shares in the suit properties will always be there and the same can be carved out at the appropriate time in a appropriate manner.

(3.) The learned counsel appearing for the appellants also would submit that the suit filed by the appellants herein in O.S.No.122/2010 has been decreed and the interest of these appellants has been protected as observed by the First Appellate Court in R.A.No.9/2017. Hence, this appeal may be dismissed as having become infructuous.