APHC010390892024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY, THE FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA CIVIL REVISION PETITION NO: 2040/2024 Between: 1. KARLAPUDI VENKATESWARA RAO, (DIED), 2. TATINENI SURENDRA,, S/O. SUBBARAO, HINDU,AGED ABOUT 46 YEARS, R/O PORANKI VILLAGE PENAMALURU MANDAL, VIJAYAWADA,KRISHNA DISTRICT. ...PETITIONER(S) AND 1. TATINENI RAMACHANDRA RAO, S/O LATE VENKATA SUBBA RAO, HINDU,AGED ABOUT 62 YEARS, R/O H.NO.2-72, M-4 HABSIGUDA, STREET NO-1, KAKATIAYANAGAR, HYDERABAD. 2. TATINENI SUSEELA, D/O LATE VENKATA SUBBA RAO, HINDU,AGED ABOUT 56 YEARS, R/O H.NO.2-72, M-4 HABSIGUDA, STREET NO-1, KAKATIAYANAGAR, HYDERABAD. 3. TATINENI KAMALAMMA, W/O LATE VENKATA SUBBA RAO, HINDU,AGED ABOUT 75 YEARS, R/O H.NO.2-72, M-4 HABSIGUDA, STREET NO-1, KAKATIAYANAGAR, HYDERABAD. 4. KARLAPUDI SATYA KRISHNA VARA PRASADA RAO, S/O LATE VENKATESWARA RAO, HINDU, AGED ABOUT 58 YEARS, R/O PORANKI, PENAMALURU MANDAL, KRISHNA DISTRICT ...RESPONDENT(S): 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 2 VS,J C.R.P.No.2040 of 2024 pleased tomay be pleased to allow the CRP by setting aside the impugned order dt.24-07-2024 made in I.A.NO. 211 OF 2015 IN OS.NO. 86 OF 2015 on the file of the Court of the XIII Additional District and Sessions Judge at Vijayawada by adding the petitioner as plaintiff No.2 and pass IA 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 may be pleased to stay of all further proceedings in O.S.No. 86 of 2015 on the file of the XIII Additional District & Session judge, Vijayawada Krishna District, pending disposal of the above CRP, and pass Counsel for the Petitioner(S): 1. V SUBRAHMANYAM Counsel for the Respondent(S): 1. 2. V SANTHISREE The Court made the following: 3 VS,J C.R.P.No.2040 of 2024 ORDER: The present Civil Revision Petition is filed under Article 227 of the Constitution of India challenging the orders dated 24.07.2024 passed in I.A.No.211 of 2025 in O.S.No.86 of 2015 on the file of XIII Additional District & Sessions Judge, Vijayawada, whereby the trial court allowed the said application filed by the petitioners under order XXII Rule 3(1) r/w Sec.151 of C.P.C and directed to add the petitioner as defendant No.4. 2. Brief facts of the case are as follows: a) The 1st plaintiff/1st petitioner (since deceased) filed O.S.No.86 of 2015 on the file of XIII Additional District & Sessions Judge, Vijayawada for declaration that he is the absolute owner of agricultural land admeasuring about Ac.0-46 cents in R.S.No.414/1 of Poranki Village and also for recovery of possession and for consequential permanent injunction against the respondents herein. b) Originally, the deceased 1st petitioner filed the above suit against the respondents No.1 to 3, who are his sister, nephew and niece respectively. Subsequently, 4th respondent, who is the son of the 1st petitioner got added as defendant No.4 vide order dated 18.08.2005 in I.A.No.854 of 2000. During the life time of the deceased 1st petitioner, he executed a registered Will dated 20.10.2004 vide document No.154 of 2004 on the file of SRO, Patamata bequeathing the suit schedule property in the name of the 2nd petitioner herein. As per the recitals of the said Will, the 2nd petitioner is directed to contest the above suit to secure a logical end and to enjoy the property fully 4 VS,J C.R.P.No.2040 of 2024 and absolutely. Pending disposal of the suit, the 1st petitioner died on 06.01.2012. Pursuant to the registered Will dated 20.10.2004 executed by the deceased 1st petitioner during his lifetime, the 2nd petitioner filed an application in I.A.No.211 of 2015 under Order XXII Rule 3 (1) of CPC to permit him to come on record as 2nd plaintiff being legal representative of the deceased 1st petitioner to continue the suit proceedings. On the other hand, the 4th respondent herein along with three sisters filed I.A.No.161 of 2012 under Order XXII Rule 3(1) of CPC seeking to implead them as legal representatives of the deceased 1st petitioner. After hearing both IAs, the trial Court passed a common order dated 31.01.2017 allowing both applications of the petitioner the respondents. Accordingly, the petitioner in I.A.No.161 of 2012 i.e., the 4th respondent is transposed as 2nd plaintiff and the petitioners No.3 to 5 are added as plaintiffs No.3 to 5 and by allowing the I.A.No.211 of 2015, the 2nd petitioner was added as 6th plaintiff in the main suit. c) Aggrieved by the order passed in I.A.No.211 of 2015, the respondents herein filed C.R.P.No.2620 of 2017 before this Court. The said C.R.P. was allowed vide orders dated 20.03.2024 by setting aside the common order dated 31.01.2017 passed in I.A.Nos.161 of 2012 and 211 of 2015 in O.S.No.86 of 2015 and further the trial Court was directed to conduct an enquiry under Order XXII, Rule 5 C.P.C. and conclude the same within a period of two (2) months from the date of receipt of a copy of the said order. This Court further directed the trial Court to dispose of the suit itself within a 5 VS,J C.R.P.No.2040 of 2024 period of six (6) months from the date of receipt of a copy of that order as the suit is pertaining to the year 2015. d) In pursuance of the orders passed by this Court, the Court below has once again passed an order on 24.07.2024 allowing the said applications vide common order in I.A.Nos.161 of 2012 and 211 of 2015 and the petitioners in I.A.No.161 of 2012 were directed to make necessary amendments in the plaint and filed a Neat copy as petitioners No.1 to 4 as plaintiffs No.2 to 5 and whereas, the petitioner in I.A.No.211 of 2015 was directed to be added as 4th defendant duly observing that the 1st petitioner in I.A.No.161 of 2012 on an earlier occasion was added as 4th defendant and by virtue of the order dated 24.07.2024 he is transposed as plaintiff No.2. Challenging which, the present writ petition is preferred. 3. Heard Mr.V.Subrahmanyam, learned counsel for the petitioners and Smt.V.Santhisree, learned counsel for the 4th respondent. 4. On a perusal of the record as well as orders passed by this Court in CRP No.2620 of 2017, it is evident that while setting aside the common order passed by the trial Court in I.A.Nos.161 of 2012 and 211 of 2015 which was under challenge, this Court has directed the trial Court to conduct an enquiry as required under Order XXII Rule 5 CPC and conclude the same within a period of two (2) months from the date of receipt of a copy of the said order. 5. However, on a perusal of the order passed by the trial Court, which is impugned in the present revision, it can be observed that no such enquiry as directed by this Court, has been conducted by the trial Court as it does not 6 VS,J C.R.P.No.2040 of 2024 refer to the order passed by this Court and any enquiry conducted by the trial Court, as directed by this Court by order dated 20.03.2024 passed in CRP No.2620 of 2017. 6. In view of the same, since the impugned order is not passed in accordance with the directions issued by this Court in the earlier civil revision petition No.2620 of 2017, the same is liable to be set aside. 7. Accordingly, the Civil Revision Petition is allowed. The common order dated 24.07.2024 in I.A.Nos.161 of 2012 and 211 of 2015 in O.S.No.86 of 2015 on the file of XIII Additional District & Sessions Judge, Vijayawada is set aside and the matter is remitted back to the trial Court for fresh consideration to conduct an enquiry, as already directed by this Court in CRP No.2620 of 2017, under Order XXII, Rule 5 CPC and conclude the same within a period of four (4) weeks from the date of receipt of a copy of this order. The trial Court is also directed to conclude the trial as expeditiously as possible preferably within a period of one (1) year from the date of receipt of a copy of this order, as the suit is of the year 2015. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending shall stand closed. ______________________ JUSTICE V.SUJATHA Date: 04.12.2025 KGR