K.A. Swamy CJ

These two appeals are preferred against the common order dated 2.07.1991 passed on C.M.P.Nos.3989, 9218 and 9219 of 1990 filed in A.S. No. 108 of 1982.

2. C.M.P. No. 3959 of 1990 was filed for bringing the legal representatives of the deceased 1st Respondent in the appeal on record. C.M.P. No. 9219 of 1990 was filed for condonation of delay. C.M.P. No. 9218 of 1990 was filed for setting aside the abatement. L.P.A. No. 106 of 1992 is filed against that portion of the common order by which the appeal itself has been dismissed consequent to the rejection of C.M.P. No.

3959 9218 and 9249 of 1990.

2. 1. A.S. No. 108 of 1982 is filed by the 1st defendant in the suit, O.S. No. 251 of 1976, on the file of the sub Judge, Salem, against the preliminary decree passed therein for partition and separate possession of the shares. The suit was filed by the 1st respondent in the appeal. The trial Court has awarded 4/9th share to the plaintiff/and 5/9the share to defendants 1 and 2. During the pendency of the appeal, the 1st respondent therein died on 210. 1988. A memo was filed by the learned counsel appearing for the 1st respondent on 111. 1988 intimating the death of t