- (1.) THIS appeal by special leave arises from a suit for declaration of title and recovery of possession. The appeal is filed by the heirs and legal representatives of one of the defendants.
(2.) THE respondent-plaintiffs filed the suit against four defendants, namely, (i) Pillilla Gangulamma (ii) Pillilla Narasimhulu (iii) Pillilla Anjaneyulu (iv) Pillilla Sreeramulu. The suit was dismissed by the trial court and the plaintiffs' appeal too was dismissed by the first appellate court. Against the judgments passed by the trial court and the first appellate court, the respondent-plaintiffs came to the High Court in Second Appeal No. 344 of 1992 impleading Defendants 2 to 4 as Respondents 1 to 3 respectively. It may be stated here that the mother of the three defendants, namely, Pillilla Gangulamma who was Defendant 1 before the trial court, had died in the meanwhile and her name was struck off from the record of proceedings. During the pendency of the second appeal Pillilla Narasimhulu died on 8/4/1996, Pillilla Anjaneyulu died on 26/11/1992 and Pillilla Sreeramulu died on 24/3/1994. A petition for substitution vice the deceased Respondent 2, Pillilla Anjaneyulu alone was filed before the High Court with the prayer to bring on record his heirs and legal representatives. No substitution petition was filed vice the other two deceased respondents, Pillilla Narasimhulu and Pillilla Sreeramulu.
(3.) IT appears that even the substitution petition filed in respect of Pillilla Anjaneyulu remained unattended and the High Court by judgment and order dated 17/6/2003, allowed the second appeal, set aside the judgments passed by the trial courts below and decreed the suit of the respondent-plaintiffs.;