G R RATNAM Vs. V VISHWANATHAN

JUDGEMENT

(1.) The unsuccessful plaintiff in O.S.No.1006/1991 on the file of XI Additional City Civil Judge, Bengaluru, has come up in this appeal seeking to set aside the judgment and decree dated 12.10.2004 passed therein and the consequently decree the suit of the plaintiff for the relief of specific performance.

(2.) Brief facts leading to this first appeal are as follows:

(3.) During the pendency of this appeal, respondent No.3 died and his legal heirs were permitted to be brought on record as respondent Nos.3(a) to 3(d) vide order dated 19.07.2011. The appellant also died and his widow, Smt. Annapurna Ratnam, and daughter viz., Smt. Kamala Vijayshree were permitted to be brought on record as appellants 'a' and 'b' vide order dated 03.12.2012 passed on I.A. No.1/2012 (also I.A. No.2/2012). However, the said application as against son and daughter of the appellant i.e., Srinivas Ratnam Aiyar and Smt.Rekha Jayashree Aiyar stood abated as per the said order. Subsequently, the application in I.A. No.1/2013 filed by appellants (a) and (b) to bring the said legal heirs of the appellant as party respondents in the appeal was dismissed by order dated 27.01.2014.