V. KUMARASWAMI Vs. S. AYYAVU ALIAS VEERASWAMI

JUDGEMENT

(1.) The second appeal has been filed against the decree and judgment of the Court of Subordinate Judge, Dindigul, made in A.S. No. 8 of 1996 dated 21.07.1997, confirming the decree and judgment of the Court of Additional District Munsif, Dindigul, made in O.S. No. 639 of 1983 dated 13.03.1993.

(2.) The case of the appellants/plaintiffs is that the suit properties originally belonged to one Vallaila Konar, Krishna Konar, Pirvi Konar and Subba Konar and each of them were entitled to 1/4th shares. After the death of original owners, the appellants inherited the suit properties as their legal heirs. Since the respondents were interfering with the possession and enjoyment of the suit lands, the appellants filed the suit in O.S. No. 639 of 1983 against the respondents/defendants before the District Munsif Court, Dindigul, for declaration and consequential injunction in respect of the suit properties. After contest, the suit was dismissed and the appeal filed by the appellants against the judgment and decree passed in the suit was also dismissed. As against the concurrent findings of the Courts below, the appellants have filed this appeal.

(3.) Now the appellants have filed CMP (MD) Nos. 6274 to 6276 of 2018 and 7274 of 2019, to condone the delay of 8214 days in filing the petition to set aside the abatement caused due to the death of the 1st respondent in this appeal; to set aside the abatement; to bring on record the proposed respondents 6 to 10 as legal heirs of the deceased 1st respondent and to accept the cause title respectively.