M.NAGENDRAM Vs. GUNTUR SAMBRAJYAM

JUDGEMENT

(1.) This Second Appeal is filed by the appellant/defendant under Sec. 100 of the Code of Civil Procedure 1908, assailing the decree and judgment, dtd. 30/6/2000, on the file of the learned IV Additional District Judge, Guntur, passed in A.S.No.32 of 1997.

(2.) Heard Sri Venkateswara Rao Gudapati, learned counsel for the A ppellant/Defendant and Sri Srikanth Reddy Ambati, learned counsel for the Respondents/Legal Representatives of the PlaintiffsNo.1 and 2. Perused the material on record.

(3.) The appellant is the defendant. The respondents No.1 and 2 are the plaintiffs. The respondents No.3 to 8 who are impleaded as legal representatives of the 1st plaintiff, who died pending the Second Appeal. The respondents No.9 to 14 are impleaded as legal representatives of the 2nd plaintiff, who also died pending the Second Appeal. It is pertinent to note down that the suit was filed by the three persons. The 3rd plaintiff died pending the first appeal. The judgment of the First Appellate Court would disclose that the appeal of the 3rd plaintiff stands abated, as he died pending the first appeal, but no legal representatives came on record. Hence, the Second Appeal is filed by the defendant showing the plaintiffs No.1 and 2 only as respondents No.1 and 2. Accordingly, the Second Appeal is proceeded with by the defendant against the plaintiffs No.1 and 2 only (represented by their respective legal representatives since they died pending the Second Appeal). The parties in this Second Appeal shall hereinafter be referred to as arraigned in the Original Suit, for convenience and clarity.