CHELLUDOYINA VARA SANKARA PRASAD Vs. CHELLUBOYINA ADI LAKSHMI

JUDGEMENT

(1.) The question fell for consideration in this application is whether it is mandatory to seek leave of a Court to file an appeal by a legal representative of a deceased person who is a party to any proceeding be it a suit or an appeal.

(2.) Heard Sri M. Radhakrishna, learned counsel appearing for the petitioners/appellants.

(3.) The petitioners 2 to 4 are allegedly the wife and sons of late Ch. Vara Sankara Prasad, who is the 1st defendant in O.S.No.69 of 2006. The suit was filed by the plaintiffs for declaration of their ownership over the plaint schedule property and for eviction of the defendants etc., from the plaint schedule property and also for consequential permanent injunction etc. The 1st defendant contested the suit pleading title in himself. The 1st defendant died on 22/5/2021 pending the suit. The suit was heard on 1/12/2021 and the judgment in the suit was pronounced on 13/12/2021. It seems the death of the 1st defendant was reported to the trial Court, vide memo G.R.No.920 of 2021, dtd. 5/7/2021 along with particulars of the legal representatives.