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2015 Supreme(Mad) 3353

S.NAGAMUTHU
Amsavalli (Died) – Appellant
Versus
Sarangabani – Respondent


Advocates:
Advocate Appeared:
For Petitioner: Mr.S.Sounthar
For Registrar General, Madras High Court. :Mr.R.Muthukumaraswamy Senior Advocate/Standing Counsel
Amicus Curiae : Mr.N.Anand Venkatesh

ORDER :

The suit in O.S.No.270 of 2008 on the file of the learned Principal District Munsif, Mayiladuthurai, was filed by one Mrs.Amsavalli for recovery of possession of the suit property from the respondent herein. The trial Court, by decree and judgment dated 27.02.2014, dismissed the suit. As against the same, Mrs.Amsavalli, the sole plaintiff, filed an appeal in A.S.No.35 of 2014 before the learned Principal Subordinate Judge, Mayiladuthurai. By decree and judgment dated 27.01.2015, the first appellate Court dismissed the appeal thereby confirming the decree and judgment of the trial Court.

2. Subsequently, Mrs.Amsavalli died on 01.05.2015. The petitioners herein are the children of Mrs.Amsavalli and thus, they are her legal representatives. They have filed a second appeal before this Court challenging the decree and judgment of the Courts below. The said second appeal is yet to be numbered and the same is pending in S.A.Sr.No.41479 of 2015. Along with the said second appeal, the petitioners have filed a miscellaneous petition in M.P.No.1 of 2015 requesting this Court to accept the cause title as shown in the appeal memorandum.

3. When the said miscellaneous petition came up fo

























































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