THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY C.M.A. No.2653 of 1998 ORDER: The respondent filed O.S.No.322 of 1984 in the Court of II Additional Subordinate Judge, Vijayawda against the appellant for recovery of certain amount. The suit was decreed ex parte on 02.08.1994. The appellant filed I.A.No.5307 of 1994 under Order IX Rule 13 C.P.C. The I.A. was dismissed on 30.01.1997. Hence, this C.M.A. Heard the learned counsel for the appellant. It is brought to the notice of this Court that during the pendency of the appeal, not only the sole respondent but also the sole appellant died. For one reason or the other, steps could not be taken to bring the legal representatives of the deceased parties on record. Even on merits, it is evident that the suit was decreed after nearly a decade after it was filed and the deceased appellant did not evince any interest. The trial Court was not satisfied with the reasons assigned in the affidavit filed in support of the I.A. Another factor is that the decree is of the year 1994 and there is nothing on record to disclose that any order of stay was passed. By this time, either the decree has been executed or it has become time barred. Any way, nothing remains to be decided in this C.M.A. The C.M.A. is accordingly dismissed. __________ 23.07.2010 JSU THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY C.M.A. No.2653 of 1998 Date: 23.07.2010 JSU