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2018 Supreme(Kar) 1142

B.A.PATIL
Dhareppa – Appellant
Versus
Shankar – Respondent


Advocates:
Advocate Appeared:
For the Appellant :M.G. Naganuri, Advocate
For the Respondent:Ashok R. Kalyanshetty, Advocate

ORDER :

B.A. PATIL, J.

1. These two appeals arise out of the common judgment and decree.

2. IA-1/2017 to IA-6/2017 have been filed in both the appeals and as such, they have been taken up together for disposal.

3. IA-1/2017 has been filed by the learned counsel for the appellant under Section 5 of the Limitation Act to condone the delay of 3156 days in filing the application for bringing the LRs of deceased respondent No. 2. IA-2/2017 has been filed under Order XXII Rule IX CPC to set aside the abatement in so far as respondent No. 3 is concerned. IA-3/2017 is filed under Order XXII Rule 4 CPC to bring the LRs of deceased respondent No. 2 as 2(a) and 2(b). IA-4/2017 has been filed under Section 5 of the Limitation Act to condone the delay of 2926 days in filing the application to bring the legal heirs of deceased respondent No. 3. IA-5/2017 has been filed under Order XXII Rule 9 CPC to set aside the abatement in respect of respondent No. 2 and IA No. 6 has been filed under Order XXII Rule 4 CPC to bring the legal representatives of deceased respondent No. 3 as R-3(a) and R-3(b).

4. I have heard the learned counsels appearing for the parties.

5. It is the contention of Sri M.G. Naganuri,

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