B C HARINARAYANAMMA Vs. V NARASIMHA

JUDGEMENT

(1.) Heard both sides.

(2.) This appeal is directed against the judgment of the District Judge, Ranga Reddy dated 7-6-1993 rendered in A.S. No. 20 of 1991 under which the appeal was allowed and the judgment and decree of the trial Court dated 17-6-1991 in O.S.No. 160 of 1982 on the file of the District Munsif, West and South, R.R. District decreeing the suit was set aside resulting in dismissal of the suit. Thus, the plaintiffs in the suit are the appellants herein and the defendants are the respondents herein.

(3.) The facts leading to this second appeal may be stated briefly as follows: The four plaintiffs filed the suit for declaration of the title and recovery of possession of suit schedule property, namely, six acres of land in survey No. 69 of Kondapur village. The trial Court decreed the suit. The defendants filed the appeal in A.S.No. 20 of 1991 before the District Judge, Ranga Reddy. When the appeal came up for hearing before the District Judge on 26-8-1991, a memo was filed by the learned Counsel for the respondents (plaintiffs) that the first respondent (first plaintiff) died on 29-7-1991. However, the appellants (defendants) filed a memo stating that the first respondent in fact died on 2-10-1985 at the Government Hospital, Anantapur.