APHC010593502024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY,THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO CIVIL REVISION PETITION NO: 177 OF 2025 Petition under Article 227 of the Constitution of India, aggrieved by the said impugned Order passed by the Hon’ble X Additional District Judge, Anakapalli in dismissing the petition in I.A. No.371/2023 in A;S. No. 14/2021 dated 20.09.2024. Between: 1. Smt. Gompa Seethamma, (Died) 2. Gampa Ramakrishna, S/o. Late Gampa Seetha Ramam, aged about 62 years, R/o. D. No. 13-13-29, Near VenkateswaraTemple, Chintha Vari Veedhi, Anakapalli, Anakapalli District, A.P. 3. Gampa Subba Ramam, S/o. Late Gampa Seetha Ramam, aged about 55 years, R/o. D. No. 1-149-1, Old Post Office Street, Town and Mandal, Anakapalli District, A.P. 4. Gampa Nagamani, D/o. Late Gampa Seetha Ramam, aged about 50 years, R/o. D. No. 1-43, Old Post Office Street, Sabbavaram Town and Mandal, Anakapalli District, A.P. 5. Prahraju Parvathi, W/o. Prabhakara Rao Ramam, aged about 65 years Street, Sabbavaram Town and Mandal, Anakapalli District, A.P. Sabbavaram , D/o. Late Gampa Seetha R/o. D.No. 1-43/1, Old Post Office f / >1 6. Chetlapalli Tri Devi, W/o. Srinivasa Rao, D/o. Late Gampa Seetha Ramam, aged about 52 years R/o. Thanelanka Village, Mummidivaram -Mandal, Dr. B.R. Ambedkar Konaseema District, A.P. ...PETITIONERS AND 1. Gorle Peru Naidu, S/o. Satyam, aged about 76 years, R/o. Sabbavarann Town and Mandal, Anakapalli District, A.P. 2. Smt Mahalakshmi, W/o. Gorle Peru Naidu, aged about 69 years, R/o. Sabbavaram Town and Mandal, Anakapalli District, A.P. 3. Gorle Pydam Naidu, S/o. Satyam, aged about 54 years, R/o. Sabbavaram Town and Mandal, Anakapalli District, A.P. 4. Smt Gorle Jagam, W/o. Gorle Pydam Naidu, aged about 49 years, R/o. Sabbavaram Town and Mandal, Anakapalli District, A.P. 5. Gorle Krishna, S/o. Gorle Pydam Naidu, aged about 42 years, R/o. Sabbavaram Town and Mandal, Anakapalli District, A.P. 6. Gorle Kumar, S/o. Gorle Pydam Naidu, aged about 48 years R/o. Sabbavaram Town and Mandal, Anakapalli District, A.P. 7. Smt Gorle Hima Bindu, W/o. Gorle Kumar, aged about 44 years R/o. Sabbavaram Town and Mandal, Anakapalli District, A.P. 8. Gorle Ramanamma, W/o. Gorle Krishna, aged about 43 years, R/o. SabbavaramTown and Mandal, Anakapalli District, A.P. 9. Gorle Satya Naidu Kalla Satya Naidu Died, S/o. Satyam, aged about 69 years, R/o. Sabbavaram Town and Mandal, Anakapalli District, A.P. Gorle Simhachalam, S/o. Satyam, aged about 64 years, R/o. Sabbavaram Town and Mandal, Anakapalli District, A.P 10. ...RESPONDENTS lA NO: 1 OF 2025 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 pass an order by allowing the petition in I.A. No. 371/2023 in A.S. No. 14/2021 by adding the Petitioners herein as the legal representatives of deceased sole appellant in A.S. No.14/2021 on the file of the Hon’ble X Addl. District Judge, Anakapalli, until disposal of the Civil Revision Petition. lA NO: 2 OF 2025 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 pass an order by Staying of all further proceedings in A.S. No.14/2021 on the file of the Hon’ble X Addl. District Judge, Anakapalli, until disposal of the Civil Revision Petition. Counsel for the Petitioners : SRI G.KIRAN BABU REPRESENTING SRI SRINIVASA RAO NARRA Counsel for the Respondent Nos. 1,2,3,4,5,6,7,8 &10 : SRI MALLAVELLI NAGA SAI LALITH KUMAR Counsel for the Respondents: SRI MANGENA SREE RAMA RAO The Court made the following ORDER : APHC010593502024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3206] K FRIDAY, THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO CIVIL REVISION PETITION NO: 177/2025 Between: 1.SMT. GOMPA SEETHAMMA, (DIED) 2.GAMPA RAMAKRISHNA,, S/0. LATE GAMPA SEETHA RAMAM, R/0. D. NO. 13-13-29, NEAR AGED ABOUT 62 YEARS, VENKATESWARATEMPLE, CHINTHA VARI VEEDHI, ANAKAPALLI ANAKAPALLI DISTRICT, A.P. 3.GAMPA SUBBA RAMAM,, S/0. LATE GAMPA SEETHA RAMAM, AGED ABOUT 55 YEARS, R/0. D. NO. 1-149-1, OLD POST OFFICE STREET DISTRICT, A.P. 4.GAMPA NAGAMANI,, D/0. LATE GAMPA SEETHA RAMAM, AGED ABOUT 50 YEARS, R/0. D. NO. 1-43, OLD POST OFFICE STREET, SABBAVARAM TOWN AND MANDAL, ANAKAPALLI DISTRICT, A.P. SABBAVARAM TOWN AND MANDAL, ANAKAPALLI 5.PRAHRAJU PARVATHI,, W/0. PRABHAKARA RAO, D/0. LATE GAMPA SEETHA RAMAM, AGED ABOUT 65 YEARS, R/0. D. NO. 1- 43/1, OLD POST OFFICE STREET, SABBAVARAM TOWN AND MANDAL, ANAKAPALLI DISTRICT, A.P. 6.CHETLAPALLI TRI DEVI,, W/0. SRINIVASA RAO, D/0. LATE GAMPA SEETHA RAMAM, AGED ABOUT 52 YEARS R/0. THANELANKA DR. B.R. AMBEDKAR VILLAGE, MUMMIDIVARAM MANDAL, KONASEEMA DISTRICT, A.P. ...PETITIONER(S) AND 2 RRR,J \ C-R-P.No.177 of2025 _ I- GORLE PERU SABBAVARAM district. A.P. 2. SMT MAHALAKSHMI years. R/o. district. A.P. 3. GORLE PYDAM NAIDU, S/0. SATYAM 4. SMT GORLE JAGAM 49 YEARS. R/o’. anakapalli district 5. GORLE KRISHNA years, R/o. district, A.P. 6. GORLE KUMAR years R/o. district, A.P. Y SMT GORLE HIMA BINDU years R/o. district, A.P. 8. GORLE RAMANAMMA years, R/o. district, A.P. NAIDU. s/0. SATYAM, AGED town and R/O. about 76 YEARS, anakapalli manDAL CADo PERU NAIDU SABBAVARAM TOWN aged ABOUT 69 and MANDAL. ANAKAPALLI aged about 54 YEARS MANDAL. R/O. anakapalli W/0. GORLE PYDAM SABBAVARAM NAIDU, AGED ABOUT town and MANDAL A.P. S/0. GORLE PYDAM SABBAVARAM TOWN NAIDU, AGED ABOUT and MANDAL 42 anakapalli S/0. GORLE PYDAM SABBAVARAM TOWN NAIDU, AGED ABOUT and MANDAL 48 anakapalli SABBAVARA^TOwSMrDALaged about 44 , anakapalli W/0. GORLE KRISHNA SABBAVARAMTOWN aged about 43 . anakapalli and MANDAL 9- GORLE SATYA NAIDU aged about KALLA SATYA NAIDU SABBAVARAM died, S/0. SATYAM. i TOWN AND 69 YEARS MANDAL, ANAKAPALLI R/O. district, A.P. R/o. SABBAVARAM^'^TOWN^^^'^^^' district A.P town and MANDAL.about 64 YEARS, anakapalli ■■■RESPONDENT(S): 3 RRR,J C.R.P.No.l77of2025 Petition under Article 227 of the Constitution of India,praying that in the circumstances stated in the grounds filed herein,the High Court may be pleased tomay be pleased to allow the revision petition by setting aside the impugned Decree and Order passed by the Honble X Addl. District Judge, Anakapalli in dismissing the petition in I.A. No. 371/2023 in A.S. No. 14/2021 dated 20.09.2024 and pass lA NO: 1 OF 2025 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 may be pleased to pass an order by allowing the petition in I.A. No. 371/2023 in A.S. No. 14/2021 by adding the Petitioners herein as the legal representatives of deceased sole appellant in A.S. No. 14/2021 on the file of the Hon’ble X Addl. District Judge, Anakapalli, until disposal of the Civil Revision Petition and to pass lA NO: 2 OF 2025 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 pleased to pass an order by Staying of all further proceedings in A.S. No. 14/2021 on the file of the Hon’ble X Addl. District Judge, Anakapalli, until disposal of the Civil Revision Petition and to pass Counsel for the Petitioner(S): 1.SRINIVASA RAO NARRA Counsel for the Respondent(S): 1. MANGENA SREE RAMA RAO 2.MALLAVELLI NAGA SAI LALITH KUMAR The Court made the following order: One late Smt. G. Seethamma had filed O.S.No.206 of 2007 before the learned Additional Senior Civil Judge, Anakapalle, for recovery of the suit schedule property against the respondents herein. This suit came to be 4 RRR,J C.R.P.No.l77of2025 dismissed on 30.12.2019. Aggrieved by the said Judgment and decree, late Smt. G. Seethamma had filed A.S.No.14 of 2021 before the learned X Additional District & Sessions Judge, Visakhapatnam at Anakapalli. During the pendency of the appeal, Smt. G. Seethamma passed away on 05.02.2022. Thereafter, the petitioners herein had moved I.A.No.371 of 2023 in A.S.No.14 of 2021 to implead themselves as L.R.’s of late Smt. G. Seethamma, on the ground that they are the children of late Smt. G. Seethamma. This application filed on 13.06.2022, was dismissed by the Appellate Court, on 20.09.2024. Aggrieved by the said order of dismissal, the petitioners have 2. approached this Court, by way of the present Civil Revision Petition. Heard Sri G. Kiran Babu, learned counsel representing Sri Narra 3. Srinivasa Rao, learned counsel for the petitioners and Sri Shram Mangena learned counsel appearing for the respondents. The Appellate Court took the view that the application requires to 4. be dismissed on the ground of delay and on the ground that the Family Member Certificate had not been produced. The Appellate Court took the view that the period of limitation of 90 days for filing the application would be from 05.02.2022 and that the application filed on 13.06.2022 is beyond the period of limitation. The Appellate Court also rejected the contentions of the petitioners that limitation would only commence from 01.03.2022, in view of the orders of the Hon’ble Supreme Court that the limitation for any cause of / / 5 RRR,J C.R.P.No.l77of2025 action arising between 15.02.2020 to 28.02.2022 would commence only from 01.03.2022. The Hon’ble Supreme Court in Suo Moto W.P(C).h\o.3 of 2020 by orders, dated 10.01.2022, had held that the time period for filing of any suit or appeal in relation to any cause of action arising between 15.02.2020 to 28.02.2022 would commence only from 28.02.2022. In such circumstances, the period of 90 days, within which the L.R. petitions are to be filed, would have to be calculated from 01.03.2022. Consequently, the time available for filing the L.R. petition would be around 01.06.2022. As this period falls in the summer recess of the Courts, the petitioners would be entitled to move the application on the reopening date of the Courts and consequently the application cannot be treated to be beyond time. 5. f 6. However, the question of production of the Family Member Certificate remains. As the said Family Member Certificate has not been produced, it would have been open to the Appellate Court to grant further time for production of such Certificate or to demonstrate, in any other manner, that the petitioners are the children of late Smt. G. Seethamma. In the circumstances, this Civil Revision Petition is allowed, setting aside the order of the Appellate Court, dated 20.09.2024 and remanding the matter back to the Appellate Court for ascertaining the status of the petitioners vis-a-vis Smt. G. Seethamma and to ascertain whether they are 7. 6 C.R.P.No.l77of2025 the children of late Smt. G. Seethamma or not. Thereafter, the Appellate Court shall pass appropriate orders in I.A.No.371 of 2023 in A.S.No.14 of 2021. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. SD/- SK.MOHAMMED RAFI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The X Additional District Judge, Anakapalli, Visakhapatnam District 2. One CC to Sri. Srinivasa Rao Narra Advocate [OPUC] 3. One CC to Sri. Mangena Sree Rama Rao Advocate [OPUC] 4. One CC to Sri. Matlavelli Naga Sai Lalith Kumar Advocate [OPUC] 5. The Section Officer, VR Section, High Court of Andhra Pradesh at Amaravathi 6. Two CD Copies stu TAC HIGH COURT DATED:18/07/2025 ORDER CRP NO. 177 OF 2025 ALLOWING THE CIVIL REVISION PETITION