APHC010203092024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] TUESDAY ,THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI CIVIL REVISION PETITION NO: 958/2024 Between: Peddi Samabasiva Rao, (plaintiff no.1) ...PETITIONER AND Peddi Radhakrishna Murthy(died) and others ...RESPONDENT(S) Counsel for the Petitioner: 1. K H V SIVA KUMAR Counsel for the Respondent(S): 1. 2. SREENIVASA RAO VELIVELA The Court made the following: The ORDER: 1. The civil revision petition is filed under Article 227 of the Constitution of India against the order dated 23.02.2024 dismissing the petition in I.A.No.08 of 2023 in A.S.No.275 of 2019 on the file of Court of III-Additional District Judge, Guntur, filed by the appellant under Order XXII, rules 1, 4 and section 151 CPC to record that no legal representative(s) need be brought on record as the 1st 2 BSB,J CRP No.958 of 2024 respondent/1st defendant died on 11.08.2021 having executed an unregistered will dated 11.07.2021 in favour of the petitioner who is already on record. 2. The petitioner is the 1st plaintiff and the 4th respondent is the 2nd plaintiff. They filed a suit O.S.No.266 of 2015 against the 1st to 3rd respondents/defendants for cancellation of the gift settlement deed dated 16.04.2012, document No.3268 of 2012 executed by the 1st respondent in favour of the 2nd respondent by declaring it as null and void. Questioning the decree and judgment dated 21.10.2019 in the suit, the appeal was filed by the 1st plaintiff. Pending the appeal since the 1st respondent, died on 11.08.2021 testate executing the above said will, the petition I.A.No.08 of 2023 was filed. The petitioner further stated that he is entitled to be transposed from the 1st respondent in A.S.No.272 of 2015 on the file of Court of I-Additional District Court, Guntur. 3. The petition was opposed by fling a counter of the 2nd and 3rd respondents denying the execution of the will and affirming that the 1st respondent died intestate on 11.08.2021 leaving behind him two sons and one daughter who are the petitioner, late Peddi Srinivasa Rao (whose son is the 2nd plaintiff/4th respondent) and the 2nd respondent and that late Srinivasa Rao died on 16.10.2003 leaving behind him his wife Vijayalakshmi and one son (noted above) and one daughter Ramya and so the wife and daughter of late Srinivasa Rao also have to be brought on record or else the appeal is not maintainable. (Regarding A.S.272 of 2019 also, these respondents answered, but it is not necessary to mention here.) The appeal got abated against the 1st respondent on 09.09.2022. So, this petition is not maintainable 3 BSB,J CRP No.958 of 2024 without petitions to set aside the abatement of the appeal, bring the other legal representatives on record and condone delay in filing such petition. It is reiterated that the petitioner cannot ask the Court to record that no other legal representative is to be brought on record as mentioned in the memo dated 21.12.2021. 4. The documents filed by these respondents were marked as Ex.B1 to B5 which are : Ex.B1 : Copy of Writ petition and affidavit No.3988/2019 filed by 2nd respondent/2nd defendant under Order 22 Rule 3 r/w section 151 of CPC. Ex.B2 : Aadhar card of Peddi Ramya daughter of Srinivasarao. Ex.B3: Aadhar card of Peddi Vijayalakshmi w/ow/o Srinivasarao. Ex.B4.Civil Supply card (rice card). Ex.B5: Attested copy of Death certificate of late Peddi Srinivasa rao. 5. The 4th respondent, though appeared through counsel, did not file counter. 6. After hearing all the parties, the appellate Court dismissed the petition in view of the dispute of the unregistered will. 7. Aggrieved by the order, this revision petition has been filed. Though notices were served, the 2nd and the 3rd respondent have not appeared. Report on service of notice sent to the 4th respondent to the address as given before the appellate Court is awaited for long time. The 4th respondent did not contest the petition as afore noted. 8. Heard the learned counsel for the petitioner. 4 BSB,J CRP No.958 of 2024 9. Whenever a relief such as in the present petition is sought basing on a will, registered or unregistered, presence of all the persons who are legal representatives in the absence of will shall be made as parties to the petition. Or else, any decision taken as though the will is executed would be rendered against the principles of natural justice of hearing. The question of filing petitions to set aside abatement, implead legal representatives and condone delay have not been gone into as the petitioner has not asked those reliefs which are necessary if the will is not believed by Court in which event the abatement that resulted by operation of law remains in force. 10. In the result, the revision petition is allowed and the order and decree dated 23.02.2024 in I.A.No.08 of 2023 in A.S.No.275 of 2019 on the file of III Additional District Judge, Guntur is set aside and the matter is remanded giving liberty to the petitioner to implead in I.A.No.08 of 2023 the wife and daughter of the pre-deceased son by name Sri Peddi Srinivasa Rao, who are the other legal representatives of the deceased 1st respondent and thereafter the appellate Court shall order notice to them, conduct enquiry on the un-registered will dated 11.07.2021 of the 1st respondent and pass order afresh. There shall be no orders as to costs. As a sequel thereto, the miscellaneous petitions, if any, pending in this civil revision petition shall stand closed. ___________________ ___ JUSTICE B.S. BHANUMATHI Dated 18.02.2025 GRL 5 BSB,J CRP No.958 of 2024 226 THE HONOURABLE MS JUSTICE B S BHANUMATHI C.R.P. No: 958 of 2024 Dated 18.02.2025 GRL 6 BSB,J CRP No.958 of 2024 HIGH COURT OF ANDHRA PRADESH: AMARAVATI 7 BSB,J CRP No.958 of 2024 MAIN CASE No: C.R.P.No.958 of 2024 08 PROCEEDING SHEET SL. NO. DATE ORDER OFFICE NOTE 18.02.2025 BSB, J The revision petition is allowed and the matter is remanded. (Vide separate order) __________________ B.S. BHANUMATHI, J GRL 8 BSB,J CRP No.958 of 2024 CRP.No.958 of 2024 In the result, the revision petition is allowed and the order and decree dated 22.12.2024 in I.A.No.08 of 2023 in A.S.No.275 of 2019 on the file of III Additional District Judge, Guntur is set aside and while remanding the matter, the appellate Court is directed to permit the petitioner to implead in I.A.No.08 of 2023 the wife and daughter of the pre-deceased son by name Sri Peddi Srinivasa Rao, who are the other legal representatives of the deceased 1st respondent and after notice to them, conduct enquiry on the un- registered Will of the 1st respondent dated 11.07.2021 and pass order afresh.