JUDGMENT

The plaintiff is the appellant in this second appeal. It is a suit for recovery of possession. The appellant had lost before both the courts below. Kuppusamy Padayachi figured as D2 in the suit. He passed away on 08.02.2012. He left behind as many as five legal heirs. The counsel for Kuppusamy Padayachi had filed a memo on 29.02.2016 in this regard. In the said memo, the demise of Kuppusamy Padayachi as well as the details regarding legal representatives have been set out. The memo was also served on the counsel for the appellant. But till date, no steps have been taken.

2.The learned counsel for the appellant would state that in fact, he prepared the necessary affidavit and sent the same to the appellant. But the appellant because of his old age and other reasons, is unable to take steps.

3.I am not satisfied with the said explanation. We are now in April

2021. Information was conveyed to the appellant full five years and two months ago. There can be no justification in not taking steps for such a long period. Therefore, the appeal is dismissed as abated as against R1-

Kuppusamy Padayachi.

4.The appeal had been dismissed as against R2, R3 & R5 vide order dated 21.02.2020. No st