JUDGMENT

Dr. V.R.K. Krupa Sagar, J. - This Appeal under Section 96 of Code of Civil Procedure (C.P.C.) is filed by defendant Nos.1, 2 and 3 in the suit. Defendant No.4 in the suit is shown as respondent No.2 and is shown as not a necessary party. The sole plaintiff is shown as respondent No.1.

2. Sri A.K.Kishore Reddy, the learned counsel for appellants and Sri J. Saraschandra Babu, the learned counsel for respondent No.1 submitted their arguments. During the pendency of the appeal, appellant Nos.1 and 2 died. Their legal representatives have not been brought on record.

3. The submission of the learned counsel for appellants is that the cause of action survives and appellant No.3 is the very daughter of appellant Nos.1 and 2 and therefore appeal survives.

4. No contrary submission is made on behalf of respondent No.1.

5. Property in dispute is an extent of 221 square yards of site with a RCC roof house on it bearing Door No.68010-27 in Ramanayyapeta Sivaru, Gaigolupadu Village, Kakinada Municipal Area, East Godavari District.

6. Smt. Potla Bala Saraswathi Pillai, as an indigent person, filed O.S.No.91 of 2006 before learned I Additional Senior Civil Judge, Kakinada seeking a declaration