C RAMESH Vs. N CHIKKA GOWDA

JUDGEMENT

(1.) THE appeal against respondent No.1 came to be dismissed as no steps were taken within a period of 90 days. Now, an application has been filed for settingaside the abatement and to recall the order dated 29.11.2013 and a memo has been filed for treating the appellant and respondents 2 to 4 as legal representatives of the deceased respondent No.1. In the above circumstances, the abatement is set -aside. The order dated 29.11.2013 dismissing the appeal as against respondent No.1 is also set -aside. The appellant and respondents 2 to 4 are treated as legal representatives of the respondent No.1. The appellant to carry out the requisite amendment.

(2.) AN application has been filed for treating the respondent No.4 as sole legal representative of the deceased respondent No.1 and also to recall the order dated 29.11.2013. The order dated 29.11.2013 is already recalled. Today, objections are filed to I.A. 2/13 by the appellant.

(3.) THIS appeal is filed by the 1st defendant challenging the judgment and decree passed by the Trial Court decreeing the suit of the plaintiff for partition and separate possession granting 1/3rd share in the suit schedule property and also directing mesne profits and other consequential reliefs. The counter claim made by the defendants 2 to 4 has been dismissed.