UMAKANT RAO Vs. LALITABAI

JUDGEMENT

(1.) This appeal by defendant-1 is preferred against the judgment and decree dated 9-9-1976 passed by the learned Civil Judge, Raichur in O.S. No. 34/1974.

(2.) Respondents 1 and 2 are plaintiffs 1 and 2. Respondent-3 was defen- dant-2. Plaintiffs 1 and 2 and defendant- 1 are the children of defendant-2. Defendant-2 died during the pendency of the appeal. Her name came to be deleted on the basis of the memo dated 23-11-1981 filed by the appellant stating that her heirs are already on record. (Plaintiffs 1 and 2 and defendant-1 are her heirs). Respondent-4 was defendant-3 in the suit. He died after the judgment of the trial Court arid before the appeal was filed. Respondents 4(a) to 4(c) who are the sons of deceased- respondent-4 are brought on record as L.Rs. of deceased- respondent-4, by the order dated 28-2-1977.

(3.) In this appeal, the parties will be referred to with reference to the position assigned to them in the trial court,