JUDGMENT :

AJAY RASTOGI, J.

1. The aforesaid civil appeals arise from the impugned judgment dated 22nd November, 2005 passed by the High Court of Andhra Pradesh at Hyderabad in Appeal No. 1146 of 1996(and cross objections) confirming the judgment and decree passed by the learned trial Court dated 12th October, 1995 in Original Suit No. 175 of 1987 whereby the Courts below have inter alia decreed the suit schedule ‘A’ and ‘B’ properties and have dismissed the suit qua schedule ‘C’ property filed by the respondents/plaintiffs.

2. When the aforesaid civil appeals were taken up for adjudication, the respondents/plaintiffs raised a preliminary objection to the prosecution of the appeals on the ground that the civil appeals have abated in toto. It is to be further noticed that the defendant no. 2 Goli Sathiraju died on 21st February, 2006 and his legal heirs have not chosen to come on record and when the matter was listed before the Chamber Judge, it was observed vide Order dated 24th July, 2009 as follows:-

“IA No. 2 in SLP(C) No. 9401/2006 is for deletion of petitioner no. 2 who is stated to have died on 21/2/2006 and his LRs have not chosen to come on record. Hence, the matter abates inso