THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY CIVIL REVISION PETITION No.4585 of 2009 ORDER: The appellants 1 and 2 in A.S.No.32 of 1998 on the file of the Additional Senior Civil Judge (Fast Track Court), Kovvur, died, on 23.08.2006 and 24.12.2001, respectively. The 3rd petitioner, son of the 1st appellant, and the petitioners 4 and 5, wife and son of the 2nd appellant, filed I.A.No.219 of 2008, under Order XXII Rule 4 read with Order XXII Rule 9 and Section 151 C.P.C., with a comprehensive prayer to condone the delay in filing the application to set aside the abatement order and to implead them, as legal representatives of the deceased. The application was opposed by the 1st respondent. Through its order, dated 21.07.2009, the lower Appellate Court dismissed the I.A. Hence, this revision petition. Heard Sri P.Satyanarayana, learned counsel for the petitioners. On the face of it, the application filed by the petitioners was untenable. The appellants 1 and 2 died way back in the year 2006 and 2001, respectively. That resulted in abatement of the appeal. In case the legal representatives wanted to pursue the proceedings, the first and foremost step to be taken by them was to file an application to set aside the abatement and for condonation of delay in presenting the same. It is only after the delay condoned and the abatement is set aside that the occasion, to bring the legal representatives of the deceased on record, would arise. This being the basic requirement under law, the petitioner filed an application, which does not fit into any of the relevant provisions. The lower Appellate Court took correct view of the matter and this Court is not inclined to interfere with the order under revision. The Civil Revision Petition is accordingly dismissed. It is, however, made cleat that it shall be open to the petitioners to take necessary steps in the appeal, by filing applications, as provided for under law. The lower Appellate Court shall consider such applications, on their own merits, as and when presented by the petitioners. There shall be no order as to costs. _________________________ L.NARASIMHA REDDY, J Dated 25th September 2009 cvrk