Goli Kannayya (Dead) By Lrs. and Others v. Yendra Sathiraju (Dead) By Lrs.

(Dipak Misra, C.J. and A.M. Khanwilkar and D.Y. Chandrachud, JJ.)

Goli Kannayya (Dead) By Lrs. and Others ___________ Appellant(s);

v.

Yendra Sathiraju (Dead) By Lrs. ___________________ Respondent(s).

Civil Appeal No. 8109/2010, decided on May 10, 2018

(With appln.(s) for permission to file additional documents and exemption from filing O.T.) With C.A. No. 8110/2010 (XII-A)

The Order of the court was delivered by

Order

1. Mr. Krishna Dev, learned counsel appearing for the respondents, submits that the learned Chamber Judge vide order dated 24-7-2009¹, has expressed the view that the appeal has stood abated qua the appellant No. 2 and, therefore, the appeal in entirety stands abated.

2. Learned counsel has drawn our attention to a two-Judge Bench decision in Budh Ram v. Bansi², especially to paragraphs 17 to 19. Mr. Gaurav Sharma, learned counsel appearing for the appellants shall come ready to argue on this aspect.

3. Let the matter be listed for further hearing on 5^th July, 2018.

———

¹ Goli Kannayya v. Yendra Sathiraju, IA No. 2 in SLP (C) No. 9401 of 2006, order dated 24-7-2009 (SC)

² (2010) 11 SCC 476 : (2010) 4 SCC (Civ) 491