HON'BLE SRI JUSTICE L.NARASIMHA REDDY C.M.A No. 388 OF 2002 JUDGMENT: The C.M.A is filed against the order dated 26-09-2001 in I.A No. 291 of 1986 in O.S No. 57 of 1980 on the file of the Principal Senior Civil Judge, Guntur. The appellants – plaintiffs filed that suit for the relief of partition and separate possession of the suit scheule properties. The suit was dismissed for default on 03-09-1986. I.A filed under Order IX Rule 9 CPC was dismissed through the order under appeal. Heard the learned counsel for the appellants and the learned counsel for the respondents. Eversince the appeal was presented, some of the parties have died. While in case of some, steps were taken, as regards others, they are yet to be taken. Be that as it may, the dismissal of a suit for partition does not bring about any final settlement. In case, the partition is otherwise feasible or necessary, it can certainly be claimed by any one of the coparceners. Restoration of the suit, at this length of time would lead to several complications. The reason is that, on account of death of the existing coparceners and birth of new ones, the whole complexion of the suit gets altered. Hence, the C.M.A is dismissed with an observation that the dimissal of suit shall not be treated as a final pronouncement as to the claim of the concerned parties for partition of the suit schedule properties. L.NARASIMHA REDDY, J 04-08-2009 ks