Chengalvala Gurraju vs Madapathy Venkateswara Row Pantulu ... on 19 January, 1916
We have given our serious consideration to these observations coming, as they do, from a Bench consisting of Sri Arthur Trevor Harries, C.J., and Banerjee J. In an old Madras Division Bench decision in Ckengalavala Gurraju v. Madapathy Venkateswara (A.I.R. 1917 Madras 597), Sir William Ayling and Kumarswami Sastri, JJ.,, also observed that "there can be little doubt that an appeal is only a continuation of the original proceeding, the decree passed by the appellate court being the decree in this suit .... and that on filing of an appeal the judgment ceases to be res judicata and becomes sub judice".