JUDGMENT :

This appeal has been filed by the 1st appellant (the sole plaintiff) in O.S.No.1237 of 2006. By the impugned judgment and decree dated 26.4.2012 the Appellate Court has allowed A.S.No.2 of 2012 filed by the 1st respondent (the sole defendant).

2. The 1st appellant (sole plaintiff) has since deceased during the pendency of this appeal. Hence, his interest is now represented by his other legal representatives in this appeal. The 1st respondent (the sole defendant) has also deceased during the pendency of this appeal. They are the son and the father.

3. The interest of the deceased 1st appellant (sole plaintiff) represented by his other legal representatives in this appeal. Similarly, the legal representatives of the 1st respondent though impleaded as the 3rd respondent by an order dated 28.01.2020 of this Court have not entered appearance. The 3rd respondent is not contesting this appeal.

4. For the sake of convenience, the ranks of the parties before the Trial Court are referred to avoid confusion. The 2nd respondent who got himself in this appeal by an order dated 26.9