INSPECTOR GENERAL OF REGISTRATION Vs. RUKMANIAMMAL (DIED)

JUDGEMENT

(1.) Challenging the order of the learned single Judge, by which the order impugned in the writ petition, as confirmed by the appellate authority viz., the first respondent, who in turn dismissed the appeal on the ground of limitation, the present appeal has been filed.

(2.) Learned counsel for the second respondent that the writ petitioner died pending appeal and the second respondent, who is the Managing Trustee of C.R.Ramakrishna Naidu Rukmaniammal Charitable Trust, has been impleaded as legal representative of the deceased writ petitioner by order dated 07.06.2018. After hearing the learned counsel appearing for the parties, it is submitted by the learned counsel for the second respondent that the issues raised may be left open to be decided by the first appellant. Learned counsel would submit that the second respondent may be permitted to file a fresh appeal and adjudication can be made on merit.

(3.) Considering the above, we are of the view that while setting aside the order of the learned single Judge, liberty will have to be given to the second respondent to represent the appeal within a period of four weeks from the date of receipt of a copy of this order. On receipt of the appeal, the first appellant will have to decide the same on its own merits and in accordance with law within a period of eight weeks thereafter. We make it clear that we have not expressed anything on the merits of the case and the appeal will have to be decided without having any reference to the order of the learned single Judge and also the question of limitation.