N R SHIVRAJ Vs. N SHANKARAIAH

JUDGEMENT

(1.) The sole appellant in the second appeal died on 18.07.2010. The petitioners herein, claiming to be holders of agreement of sale from the deceased-appellant, filed these applications, with a prayer to condone the delay of 231 days in filing the implead petition; to set aside the abatement and to bring them as successors-in-interest of the deceased-appellant. The petitioners contend that during his lifetime, the appellant executed a memorandum-cum-agreement of sale, dated 16.08.2005 in their favour. They plead that valuable rights have accrued to them under the agreement. The petitioners further contend that the appellant was a bachelor and he did not have any legal representatives.

(2.) On behalf of the respondents, a counter-affidavit is filed, opposing the applications. It is stated that the applications are not maintainable in law, since the petitioners are not the legal descendants. The respondents further plead that assuming that there exists an agreement of sale in favour of the petitioners, that does not constitute an assignment within the meaning of Rule 10 of Order XXII C.P.C.

(3.) Heard Sri V. Rama Krishna Reddy, learned counsel for the petitioners, and Sri K. Raghava Charyulu, learned standing counsel for the respondents.