V IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI FRIDAY ,THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY CIVIL REVISION PETITION NO: 1576 OF 909? Petition under Articie 227 of the Constitution of india, aggrieved by the Order dated 13 09.2022 passed in I.A.No.1369 of 2017 iN O.S.No.324 of 2015, on the file of III Additional Junior Civil Judge ( Excise ), At Vizianagaram. BETWEEN:- Allaboyina Rarnbabu, Slo. iate Narasimhulu, Aged 35 years, Occ: Cultivation Visakaparnrolstricr'^ Manda,! ...Petitioner/s AND 1. Allaboyina Mangamma, W/o. late Appanna, Aged about Housewife, 47 years, occ. Mandal, R/o. Visakapatnam District. Allupeta Village Bhimunipatnam 2. Sri. Aii^oyana Bangarayya, S/o. iate Narasimhuiu, Aged about 47 years, Occ. Jute mills employee, R/o. Near Aruna Jute mill, V.T. Agraharam, Vizianagaram District. 3. Allaboyana Gangulu, S/o. late Narasimhulu, Aged about 42 Cultivation, R/o. Visakapatnam District. 4. Aiiaboyana Gowri @ Sanyasi, S/o. iate Narasimhulu, Aged about 32 years, Occ: Cultivation, R/o Allupeta Village, Bhimunipatnam mandal Visakapatnam District. 5. Smt. Allaboyana Narasamma, W/o. Chandrayya, Aged about Occ; Housewife, R/o. Allupeta Village, Bhimunipatnam Visakapatnam District. years, Occ. Bhimunipatnam Mandal, Allupeta village 38 years, Mandal, i I 6. Smt. Allaboyna Ademrna, W/o. late Narasimhulu, Aged about 72 years, Occ; Housewife, R/o. Allupeta Village, Bhimunipatnam Mandal! Visakapatnam District. 7. Bhoomata R^al Estate and Developers Pvt., Ltd,, rep by its Managing Director, 4* Floor, D.No.48-14-85 and 86, Opposite to Subham Hospitals, Resapuvanipalem, Near Rama Talkies-Junction Visakapatnam-13. ...Respondent/s lA NO: 1 OF 2023 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 grant stay of all further proceedings in O.SNo.324/2015, on the file of the III Additional Junior Civil Judge ( Excise ), At Vizianaga ram. Counsel for the Petitioner: SRI. G SAI NARAYANA RAO Counsel for the Respondents: SRI. K. JYOTHI PRASAD The Court made the following: ORDER 7 APHC010296672023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] FRIDAY,THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY CIVIL REVISION PETITION NO: 1576/2023 Between: Allaboyina Rambabu ...PETITIONER AND Allaboyina Mangamma and Others Counsel for the Petitioner: ...RESPONDENT{S) 1. G SAI NARAYANA RAO Counsel for the Respondent(S): 1. KJYOTHI PRASAD The Court made the following: r HON’BLE SRI JUSTICE NYAPATHY VIJAY C.R.P.No.1576 of 2023 ORDER; The present civil revision petition is filed questioning the order dated 13.09.2022 in I.A.No.1369 of 2017 in O.S.No.324 of 2015 passed by the III Additional Junior Civil Judge (Excise), Vizianagaram. Petitioner is the plaintiff. Suit was filed for partition of plain schedule properties and for consequential reliefs. As per the plaint, one Allaboyana Narsimhulu had five sons namely (1) Allaboyana Appanna (2) Allaboyana Bangarayya (3) Allaboyana Gangulu (4) Allaboyana Rambabu and (5) Allaboyana Gowri @ Sanyasi and one daughter by name Allu Narasamma. The eldest son Allaboyana Appanna died leaving his wife, children and his 2. mother as class 1 heirs. Thereafter, the father Allaboyana Narsimhulu died leaving behind the plaintiff and defendant Nos.1 to 6 as class 1 heirs. As the properties mentioned in the plaint schedule are joint family 3. properties, the suit was filed for partition by the Petitioner i.e. fourth son of Allaboyana Narsimhulu. The Defendant No. 1 is the wife of the eldest brother i.e. late Allaboyana Appanna. As the daughter of defendant No.1 was not arrayed as ohe of the parties to the suit, an application was filed by the Petitioner to bring her on record since she also has an interest in the ■e joint family property as Class 1 heir of the late Allaboyana Appanna. 2 4. The trial Court dismissed the said application on the ground that are not necessary parties to the suit. Hence, the subsequent alienees present revision petition is filed. 4. Heard Sri G.Sai Narayana Rao. learned counsel for the Petitioner and Sri K.Jyothi Prasad, learned counsel for the respondents. 5. The reasoning given by the trial Court iIS curious as the proposed defendant No. 1 is daughter of late Allaboyana Appanna and defendant No. 1 and she has direct interest if the property is declared to be a joint family property. 6. The order of the trial Court dated 13.09.2022 is erroneous and the same is set aside. 7. The civil revision petition is therefore allowed. No order As a sequel, pending applications, if any, shall stand closed. as to costs. Sd/- P VINOD KUMAR ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The III Additional Junior Civil Judge ( Excise ), At Vizianagaram.(with records if any) 2. One CC to Sri. G. Sai Narayana Rao, Advocate [OPUC] 3. One CC to Sri. K. Jyothi Prasad, Advocate [OPUC] 4. The Section Officer, V.R Section, High Court of Andhra Pradesh. 5. Three C.D Copies. Ssl VNA HIGH COURT DATED:03/01/2025 ORDER CRP.No.1576 of 2023 1 O '•:3 1 JAN 2025 ifX ALLOWING THE CIVIL REVISION PETITION WITHOUT COSTS