PROJECT MANAGER, L&T COMPANY Vs. VOLETI VENKATESWARLU

JUDGEMENT

(1.) Two out of three defendants in O.S.No.410 of 2009 preferred this appeal under sec. 96 CPC read with Order XLI Rule 1 CPC impugning the judgment dtd. 4/2/2016 of the learned Additional Senior Civil Judge, Ongole. R1 is the plaintiff in the suit. R2/ Sri Y.Seshaiah is D3 in the suit. During pendency of this appeal R2/D3 died. After availing large amount of time, the appellants failed to implead legal representatives and consequently, appeal stood abated as against R2/ D3 on 19/9/2023.

(2.) Heard arguments of Sri Tagore Yadav Y, the learned counsel representing on behalf of Sri G.V.S.Ganesh, the learned counsel for appellants and Sri Ashok Kondeti, the learned counsel representing on behalf of Sri Panga Sivanarayana, the learned counsel for respondent No.1.

(3.) The following are undisputed facts: -