MADALA VENKATESWARA RAO Vs. LANKA SUBBA RAO

JUDGEMENT

(1.) Respondents in the S.A. are the Petitioners in this petition to set aside the judgment dated 11-9-1997 and to restore it to file. The ground on which the Petitioners are seeking to set aside the judgment is that the appellant in the second appeal died on 3-6-1997 and his legal representatives were not brought on record and so the appeal stood abated. But without noticing that fact the court by its judgment dated 11-9-1997, i.e., subsequent to death of the appellant, allowed the appeal and so the judgment in the second appeal is liable to be set aside.

(2.) When the matter came up for hearing before the learned single Judge who passed the judgment, the following order was passed:

(3.) Under these circumstances, the C.M.P. may be posted before the same learned Judge for further orders after obtaining the orders of the Hon'ble Chief Justice."