1. C.M.P.17112 of 1994 is to excuse the delay of 959 days in filing the application to bring the legal representatives of the deceased appellant.

2. C.M.P.17113 of 1994 is to set aside the abatement caused due to the death of the appellant.

3. C.M.P.17114 of 1994 is to bring the legal representatives of the deceased appellant.

4. C.M.P.17115 of 1994 is for stay of the operation of the decree of the lower court.

5. The case of the petitioners is that one Nachimuthu Goundar filed the appeal against the judgment and decree in O.S. No. 237 of 1987 on the file of Sub-Court, Udumalpet in respect of ‘B’ schedule property alone. He died on 9. 91. He had executed a Will dated 4. 90 by which the petitioners are the legal representatives who are entitled for the properties. Hence they are the persons interested in the proceeding.

6. The said suit was filed by the respondents herein for partition and a preliminary decree was passed by the trial court. The respondents filed I.A.1748 of 1990 seeking for passing of final decree. After the death of the said Nachimuthu Gounder, the respondents filed necessary applications in the final decree proceedings to bring the legal repres