AMSAVALLI(DIED) Vs. SARANGABANI

JUDGEMENT

(1.) The suit in O.S.No.270 of 2008 on the file of the learned Principal District Munsif, Mayiladuthurai, was filed by one Mrs.Amsavalli for recovery of possession of the suit property from the respondent herein. The trial Court, by decree and judgment dated 27.02.2014, dismissed the suit. As against the same, Mrs.Amsavalli, the sole plaintiff, filed an appeal in A.S.No.35 of 2014 before the learned Principal Subordinate Judge, Mayiladuthurai. By decree and judgment dated 27.01.2015, the first appellate Court dismissed the appeal thereby confirming the decree and judgment of the trial Court.

(2.) Subsequently, Mrs.Amsavalli died on 01.05.2015. The petitioners herein are the children of Mrs.Amsavalli and thus, they are her legal representatives. They have filed a second appeal before this Court challenging the decree and judgment of the Courts below. The said second appeal is yet to be numbered and the same is pending in S.A.Sr.No.41479 of 2015. Along with the said second appeal, the petitioners have filed a miscellaneous petition in M.P.No.1 of 2015 requesting this Court to accept the cause title as shown in the appeal memorandum.

(3.) When the said miscellaneous petition came up for hearing, a doubt arose in the mind of this Court as to how such a petition is maintainable and what is the legal necessity for such a petition? The learned counsel, present in Court, expressed divergent views in respect of the maintainability of such a petition. There is also no uniformity of procedure being followed in various Courts throughout the State in the Subordinate Judiciary as well as in this Court.