SIRAVARAPU APPA RAO Vs. DOKALA APPA RAO

JUDGEMENT

(1.) Leave granted.

(2.) The instant appeal by way of special leave is directed against judgment and order dtd. 16/3/2017 passed by the High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh whereby the High Court dismissed the Second Appeal filed by the appellants herein and held the judgment and decree of the trial court stands nullified by reason of death of one of the plaintiffs and that the suit stood abated.

(3.) The appellant Nos.1-4 before this Court are brothers whereas appellant No.5 is their sister. The appellants along with one Vemala Chanti jointly filed a suit for declaration of title and recovery of possession against the respondent herein before the learned Junior Civil Judge, Bhimavaram (hereinafter referred to as 'the Civil Court') stating that the father of the respondent - Yarakayya was in permissive possession of the subject schedule property by way of a licence, and that after the death of the licensor, the respondent herein continued to be in unauthorized possession of the said schedule property.