(1.) It is reported that the second respondent in OSA No.95 of 2002 is no more. It is seen from the records that the second respondent in OSA No.95 of 2022 who figured as the second defendant in C.S.No.852 of 2009 remained exparte before the Trial Court. Hence, exercising power under Order XXII Rule 4 Sub-rule 4 of Code of Civil Procedure, the appellant is exempt from the necessity of substituting the legal representatives of the second respondent in OSA No.95 of 2022.
(2.) Challenge in these appeals is to the common judgment of the Hon'ble Single Judge dtd. 31/1/2022 rendered in C.S.No.677 of 2010 and C.S.No.852 of 2009.
(3.) The facts that are necessary for disposal of these appeals are as follows: