APHC010195082024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE NINETEENTH DAY OF JUNE TWO THOUSANDAND TWENTYFIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR CIVIL REVISION PETITION No.1002 of 2024 Petition under Article 227 of the Constitution of India, Aggrieved by the Order passed in I.A.No. 147/2023 in A.S.No.5/2018, dated 02.04.2024, on the file of VII Additional District Judge (F.T.C), at Peddapuram, East Godavari District. Between: 1. Somu Rayudu, S/o.Late Venkataraju, Aged about 67 Years, Occ: Cultivation, R/o. D.No.2-35, A.Annavaram Village, Sankhavaram Mandal, Kakinada District, Andhra Pradesh. 2. Somu Gowri Sankar, S/o Somu Rayudu, Aged about 43 Years, Advocate, R/o. D.No.2-32, A.Annavaram Village, Sankhavaram Mandal. Kakinada District, Andhra Pradesh. 3. Somu Venkatesh, S/o Somu Rayudu, Aged about 33 Years, Occ: Cultivation, R/o. D.No.2-32, A.Annavaram Village, Sankhavaram Mandal, Kakinada District, Andhra Pradesh. 4. Somu Satish Kumar, S/o. Somu Rayudu, Aged about 31 Years, Occ: .Cultivation, R/o. D.No.2-32, A.Annavaram Village, Sankhavaram Mandal, Kakinada District, Andhra Pradesh. ...Petltloners/3'^‘‘ Parties AND 1. Somu Veera Nagalakshmi, W/o Late Somu Jala Veerababu, Aged about 39 Years, Occ: House Wife, A.Annavaram Village, Sankhavaram Mandal, Kakinada District, Andhra Pradesh. ...Respondent/Appellant 2. Somu Srirama Krishna Venkata Surya Jogi Rayudu, (Died) ...Respondent/2"‘' Respondent lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all the further proceedings in A.S.No.5/2018, on the file of The VII Additional District Judge (F.T.C), at Peddapuram until disposal of the revision. lA NO: 2 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the order passed in I.A.No. 147/2023 in A.S.No.5/2018 on the file of The Hon’ble court of the VII Additional District Judge (F.T.C), Peddapuram, dated 02.04.2024. Counsel for the Petitioners : SRI G VENKATA SUBBA RAJU Counsel for Respondent No.1: SRI M SRI ATCHYUT The Court made the following Order: / APHC010195082024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] THURSDAY ,THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR CIVIL REVISION PETITION NO: 1002/2024 Between: Somu Rayudu and Others ...PETITIONER(S) AND Somu Veera Nagalakshmi and Others Counsel for the Petitioner(S): 1.G VENKATA SUBBA RAJU ...RESPONDENT(S) Counsel for the Respondent(S): 1.M SRI ATCHYUT The Court made the following: ORDER: The present revision is filed against the dated 02.04.2014 passed in I.A.No.147 of 2023 in A.S.No.5 of 2018, on the file of the learned VII Additional District Judge (Fast Track Court), Peddapuram. order 2. The petitioners are third parties to the suit and as well as to the appeal. Initially, a suit in O.S.No.151 of 2009 was filed on the file of the learned Senior Civil Judge, Peddapuram against the respondents herein, seeking to pass a decree for partition over the suit schedule property. Upon contest, the said dismissed by judgment and decree dated 21.11.2017. suit was 3. Questioning the said judgment and decree, the plaintiff preferred a regular appeal vide A.S.No.5 of 2018 on the file of the learned VII Additional District Judge (FTC) Pending the appeal, the defendant executed Peddapuram. a registered Will deed dated 24.06.2020 in favour of the petitioners herein, where under bequeathed an extent of 259.57 sq. yards which fell to his share by virtue of registered partition deed dated 16.02.1984. On perusal of the said Will deed it is clear that the executant/defendant has also accorded permission to the 3 petitioners to contest the appeal which is pending adjudication before the learned VII Additional District Peddapuram. Judge (FTC), 4. After the demise of the defendant, the petitioners filed application vide I.A.No. 147 of 2023 under Order 1 Rule an 10 of CPC seeking to implead themselves as party respondents in the appeal. The said application was dismissed by order dated 02.04.2024. Assigning the correctness of the same, the present revision petition is filed. 5. Heard learned counsel for the petitioners, counsel for the respondents. 6. Perused the material available on record. 7. It is not in dispute that the defendant executed a registered Will deed dated 24.06.2020 in favour of the petitioners, ...whereunder he bequeathed the suit schedule property in favour of the petitioners. Further, on perusal of the recitals of the said Will deed, it is clear that the executant also granted liberty to petitioners to implead themselves in the pending appeal. While dismissing the said application, the appellate Court observed that the petitioners have to establish their right, by filing the a separate 4 With the said observation, the application filed by the petitioners was dismissed. As noted supra, the suit schedule property was bequeathed in favour of the petitioners by the defendant by virtue of the registered Will deed dated 24.06.2020. The said Will has come into effect, subsequent to the demise of the defendant, upon which the petitioners are claiming right over the suit schedule property. Therefore, the petitioners are entitle to come on record to substantiate their claim. The validity or otherwise of the Will can be gone into at the time of hearing of the suit. appeal. Further, the appeal is nothing but continuation of suit and therefore, the petitioners need not file a separate suit to substantiate their right. At any rate, no prejudice will be caused to the respondents, if the petitioners are allowed to come on 8. record. Accordingly, the Civil Revision Petition is allowed and order dated 02.04.2024 passed in I.A.No.147 of 2023 in A.S.No.5 of 2018 on the file of the learned VII Additional District Judge 9. It is ^(Fast Track Court), Peddapuram is hereby set aside. 5 needless to mention that the respondents are at liberty to file additional pleadings in the appeal, if they so desire. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER w To 1. The VII Additional District Judge (F.T.C), at Peddapuram, East Godavari District. One CC to Sri G Venkata Subba Raju, Advocate [OPUC] One CC to Sri M Sri Atchyut, Advocate [OPUC] Two CD Copies 2. 3. 4. TK vna HIGH COURT DATED:19/06/2025 ORDER CRP No.1002 of 2024 05^ *( 0 8 JUL 2025 intSectiooxV^ Co ★ ALLOWING THE CIVIL REVISION PETITION