FATHIMA BEE Vs. S IBRAHEEM SAB

JUDGEMENT

(1.) The appellants in A.S. No.72 of 1999, on the file of the IV Additional District Judge (Fast Track Court), Ananthapur, have filed this C.M.A., against the order, dated 27.1.2003, whereunder, the lower Appellate Court remanded the matter to the Trial Court, for fresh adjudication.

(2.) The relevant facts, in brief, are as under S. Ibrahim Sab, the deceased first respondent filed O.S. No.9 of 1992 in the Court of Senior Civil Judge, Gooty, against the appellants, for declaration of title, in respect of Items 1 and 2, recovery of possession of the property in Item No.1, and permanent injunction as regards the Item No.2, of the suit schedule property. The suit was contested by the respondents herein. Through its judgment, dated 8.10.1999, the Trial Court decreed the suit. Aggrieved thereby, the appellants preferred A.S.No.72 of 1999. During the pendency of the appeal, they came to know that by the time the suit was decreed, the sole plaintiff, i.e., the first respondent died on 22.12.1998, and his legal representatives were not brought on record. They pleaded that the decree passed by the Trial Court on 8.10.1999, is a nullity.

(3.) They insisted that the appeal be allowed, the decree set aside and the matter be left at that. The lower Appellate Court, however, set-aside the decree and remanded the matter to the Trial Court so as to enable the legal representatives of the deceased sole plaintiff, first respondent herein, to come on record. The appellants challenge the same.