These appeals can be disposed of on a very short ground. The appeals arise from two suits namely, O.S.Nos.511/1998 and 251/1999. O.S.No.511/1998 was a suit for injunction which resulted in A.S.No.23/2010 from which R.S.A No.559/2013 arises. The other suit namely, O.S.No.251/1999, was a suit for recovery of possession on the strength of title within which A.S.No.24/2010 was filed which ultimately resulted in filing R.S.A No.547/2013. 2. Both the appeals namely, A.S.Nos.23/2010 and 24/2010 were heard together and disposed of by a common judgment dated 01.11.2012. In R.S.A No.559/2013, when notice was taken out, it was revealed that the 1st respondent died on 24.02.2011. The 2nd respondent is her legal heir. However, when notice was taken out in R.S.A No.547/2013, it was revealed R.S.A Nos.547 & 559/2013 2 that the 2nd respondent was no more and he died on 10.03.2011. That means the death of the 2nd respondent in R.S.A No.547/2013 was during the pendency of the appeal in the lower court. The judgment and decree were passed against a person who is no more and without impleading his legal heirs on the party array. It is well settled that impleadment of legal heirs of a person can only be done by the court before which the case is pending at the time of death. That means appeal had to be sent back to the lower appellate court for appropriate steps.
3. In the result, these appeals are allowed. The impugned judgment and decree of the lower appellate court are set aside and the matters are remanded to the lower appellate court for disposal in accordance with law and in the light of what has been stated above.
The interim order passed by this Court on 05.06.2013 shall continue to be in force till the appeals are disposed of by the lower appellate court. The parties shall appear before the lower appellate court on 16.07.2014. The lower appellate court may R.S.A Nos.547 & 559/2013 3 make every endeavour to dispose of the appeals as expeditiously as possible, at any rate, within a period of six months from the date of appearance. There will be no order as to costs.
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P.BHAVADASAN JUDGE smp // True Copy // P.A. to Judge.