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2009 Supreme(Kar) 346

H.N.NAGAMOHAN DAS
C. S. MUNIYAPPA (SINCE DECEASED) BY PROPOSED L. Rs – Appellant
Versus
CORPORATION OF THE CITY OF BAN GALORE – Respondent


Advocates appeared:
Sri T. Seshagiri Rao, Advocate for Petitioners; Sri B.V. Muralidhar, Advocate for Respondent-1;
Sri Mediation Ramakrishna, Advocate for Respondent-2.

ORDER

The third respondent is the first plaintiff and one Muniyappa is the second plaintiff. Respondents 1 and 2 are defendants 1 and 2 before the Trial Court. Petitioners claim that they are the surviving legal representatives of deceased second plaintiff. In this judgment for convenience, the parties are referred to their status before the Trial Court.

2. The plaintiffs filed O.S. No. 5950 of 1990 for declaration of title, for a direction to transfer the katha of Schedule property to their names and for other reliefs. During the pendency of the suit second plaintiff-C.S. Muniyappa died on 11-2-2002. The petitioners on coming to know about the pendency of O.S. No. 5950 of 1990 filed LA. Nos. II, III and IV of 2005 for condonation of delay, to set aside the abatement and to bring them on record as the surviving legal representatives of deceased second plaintiff-C.S. Muniyappa. In the affidavit filed in support of the applications, the petitioners contend that the deceased C.S. Muniyappa died without leaving any relations specified in Class I of the Schedule to Section 8 of the Hindu Succession Act, 1956 (for short the Act'). The petitioners further contend that the deceased C.S. Muni























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