The petitioners have challenged the order, dated 18.6.2009 passed by the III Addl. District Judge, D.K., Mangalore in M.A.No.9/2008 and the order, dated 14.9.2007 passed by the I Addl. Civil Judge (Sr.Dn.), Mangalore on I.A.Nos 6 and 7 in O.S. No.40/1996.

2. The facts of the case in brief are that the petitioners filed the suit for partition, Separate possession, etc. During the pendency of the suit, the defendant No.1, Shantharama Pergade died on 10.5.2000. The petitioners filed two IAs. – I.A.No.6 for substituting the legal representatives of the deceased defendant No.1 and I.A.No.7 for setting aside the abatement. The said I.A.s were rejected by the Trail Court, by its common order, dated 14.9.2007.

3. Feeling aggrieved by the same, the petitioners preferred M.A.No.9/2008. The learned Appellate Judge dismissed the said appeal by confirming the orders of the Trail Court. On suffering the concurrent orders, this petition is presented.

4. Sri Sanath Kumar Shetty, the learned counsel appearing for the petitioners submits that both the Courts below have taken a pedantic and hypertechnical view of the matter. He submits that the first defendant died on 10.5.2000 and the nec