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Judgment
Anand Byrareddy
The appeal coming on for admission, the appellant would prima facie establish that there is material to indicate that the Appellant No. 1 was possibly the wife of late Srikantaiah, the father of the plaintiff No. 1 said to be the husband of Plaintiff No. 3 and it remains a fact that the appellants were never made parties to the suit for partition which was filed by the plaintiffs against late Srikantaiah, during his lifetime. Late Srikantaiah had also not mentioned the existence of the present appellant Yashodamma, However, she has produced irrefutable documents to prove that she is the legally wedded wife of late Srikantaiah. In that view of the matter, it is prima facie seen that the appellants are legal representatives of late Srikantaiah, notwithstanding that the plaintiffs also claim to be the legal representatives of late Srikantaiah. It would therefore be appropriate that the appellants be reverted to the Trial Court to establish their bona fides and that they are entitled to the suit properties, if at all they establish their title. This shall be subject matter of further trial. Accordingly, the appeal is admitted and allowed summarily, though not in terms as prayed for but remanded to the Trial Court for a fresh consideration of the pleadings and the evidence that may be tendered in favour of the parties. Accordingly, as a matter of form, the judgment and decree is set-aside. The suit is remanded to the Trial Court with the appellants being arrayed as defendants and the defendants so impleaded shall be permitted to tile their written statement within a period of 90 days from the date on which the matter is taken up before the Trial Court and the Trial Court shall proceed from that stage as if it were a fresh suit. It would be within the discretion of the Trial Court to either permit or reject any claim for tendering additional evidence or pleadings by the plaintiffs.
With those directions, the appeal stands disposed of.