IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR CIVIL REVISION PETITION NO: 2909 OF 2023 Petition under Article 227 of the Constitution of India, aggrieved by the Order dated 17.08.2023 passed in I.A.No.213 of 2023 IN I.A.No. 982 of 2014 IN O.S.No. 54 of 1959 Chittoor on the file of Principal Senior Civil Judge Between: 1. Adhikari Thulasi. D/o. A. Gopala Reddy Aged 80 Thondavada Village and Post, Chandragiri Mandal, Balaji District- 517505 years, R/o. 2. Gangavaram Devaki, W/o. Late Venkataswamy Reddy, Aged 78 years, R/o. Thondavada Village and Post, Chandragiri Mandal, Balaji District- 517505 3. Landu Savithri Died, W/o. Late Chandrashekara Reddy, Aged 77 R/o. Thondavada Village and Post, Chandragiri Mandal, Balaji District- 517505 (Died as per Irs, p5) 4. Adhikari Jayalakshmi, W/o. Sudarshan Reddy, Aged 75 years, R/o. Gundluru, Village, Nandaluru Post, Rajampet Mandal, Annamayya District-516150 5. L.M.Sandeep, S/o.Late L.Chandra Sekhar Reddy, Aged about 44 R/o.D.No.2-67, Dondavada Village, Tirupathi District. years years rd (petitioner No.5 has been brought on record as L.R of deceased 3 petitioner as per court order dated 31/12/2024 vide I.A.No. 2/2024 in CRP ""^No 2909 of 2023.) r ...PETITIONERS AND 1. A.PRABHAKAR REDDY, S/o. A. Narayanaswamy Reddy, Aged 77 years, R/o. Lakshminagar Extension, Chrompet, Chennai- 44 2. P. Narayana Reddy, (died) 3. P. Chinnama Reddy, (died) 4. P. Sivarama Reddy, (died) 5. P. Amarnadha Reddy, S/o P.Sivarama Reddy, aged 66 years, R/o.Periambadi village, Yadamari Mandal. 6. Adikari Narayana Reddy, (died) 7. Adikari Varada Reddy, (died) 8. AdkariRajarathnam Reddy, (died) 9. Adikari Chinnamma @ Kamalamma, (died) 10.Adikari Dhanalakshmamma, died) lI.Ramachandra Iyer, (died) 12.A. Jayachandra Reddy, (died) 13. A. Damodar Reddy, (died) H.Gandiapalle Narayana Reddy, (died) IS.Subramanya Goudu, (died) 16.Varadaiah Chetty, (died) 17.Venkatamuni Chetty, (died) 18.Subbaraya Chetty, (died) 19.Krishnaiah Setti, (died) 20.C. Chinnamma Reddy, (died) 21. P. Chenga Reddy, (died) 22.Palla Krishna Reddy, (died) 23. Krishna Pillai, (died) 24.Chinnaswamy Mandadi, (died) 25.Sakala Bodalah, (died) 26.Adikari Ammanamma, (died) 27.Achamma, (died) 28.Padmavathi, W/o P. Chenga Reddy,aged about 78 years, R/o. Periambadi village, Yadamari mandal. 29.Bhaskar Reddy, (died) 30.Krishnaveniamma, W/o P.Chenga Reddy (died) 31. Krishna Reddy, S/o P. Chenga Reddy, aged 40 years, R/o.D.No. 28/29 Banasankari Layout, Bangalore. 32.Radhabai, (died) 33.Jayalakshmi, (died) 34.Padmavathi,(died) 35.E.R. Sakunthala, (died). 36.Saraswathi, (died) 37.Vijayanthi Reddy, D/o P. Nithyananda Reddy, aged 55 years, Rio. Ponniammankovil street, Chittoor. 38.P.Vinod Reddy, S/o P.Nithyananda Reddy, R/o.Ponniammankovil street, Chittoor. 39.Sheela Reddy, D/o P. Nithyananda Reddy, R/o. Ponniammankovilstreet, Chittoor. 40.P. Nithyananda Reddy, S/o late P. Narayana Reddy, R/o. Ponniammankovil street, Chittoor. 41. P. Manohar Reddy, (died) 42.P.Sulochanamma, W/o Manohar Reddy, aged 69 years ChithaparaVillage and Post, Gudipala Mandal. 43.P.SrinivasVaraprasad Reddy, S/o Late P. Manohara Reddy, aged 53years. R/o. Chithapara Village and Post, Gudipala Mandal. 44. P. Sridhar Reddy, S/o Late P. Manohar Reddy, Chithapara Village andPost, Gudipala Mandal. 45. P. Sreekar Reddy, S/o. late P.Manohar Reddy, Chithapara Village and Post. Gudipala Mandal. 46.Perundeviammal, W/o late. P.NarayanaReddy (died) 47.Adikari Sridhar Reddy, S/o A. Varada Reddy, aged 63 years R/o.Periambadi Village, Yadamarl Mandal. 48. A. Giridhar Reddy, Sib Varada Reddyaged 53 years, R/o. Periambadi Village, Yadamari Mandal, Chittoor District 49. A. Muralidhar, S/o. A. Varada Reddy, aged 50 years, R/o.Periambadi Village, Yadamari Mandal, Chittoor District. > 50.P. Vanajakslimamma, W/o P. SivaramaReddy, aged 80 years, R/o. Periambadi village and Post. Yadamari Mandal, Chittoor District. 51. A. Mahesh Kumar, S/o. Late A. Jayachandra Reddy, aged 35 years, Mandal, Chittoor District. 52.A. Sugunasekhar Reddy, S/o. late G. Narayanaswamy Reddy, aged 82 years, Ramanadham Street, Chennai. 53.A. Karunakar Reddy, S/o A.G. Narayanswamy Reddy, aged TOyears, R/o.Sainagar Colony, Chittoor. 54.A.N. Bhaskar, S/o Late A.G. Narayanaswamy Reddy, aged 74 years, Rio. Bhanu Nagar PucJur, Anibathu, Chennai, / 55.A.N.Ramesh Babu, S/o late A.G. Narayanaswamy Reddy, aged 72 R/o. Patel Street, Kamaraja Nagar, Avadi, Chennai. years 56.A.N. Prathap Reddy, S/o. Late A.G. Narayanaswamy Reddy, aged 58 years, R/o. B.V. Reddy Colony, Chittoor. 57.A.N. Ranjith Kumar, S/o late A.G. Narayanaswamy Reddy, aged 54 years Belly Court, Belly Area, Annanagar, Chennai. 58.Anjali Reddy, W/o K.Pilla Reddy, R/0.16th main road, Indira Nagar, Bangalore. 59.D. Jyothi Babu., S/o R. Dayananda Reddy, R/o. Anna Nagar west end, Chennai eO.Chitra, D/o E. Ramakrishna Reddy, aged 52 years, 61.Surekha, D/o E. Ramakrishna Reddy, aged about 50 years, 62.Marmi, W/o B.V. Prabhu, aged 48 years, (Nos.59 to 61 are residents of Reddy and Reddy Colony, Kattamanchi, Chittoor) 63.M. Premkumar, S/o Late R.S. Muthukumarappa, aged 56 years, Rio Balaji Nagar. Anadavathur Nagar. Chennai 64.S. Laths, W/o J. Sampath Kumar, Kadalur, aged 48 years, Rio. Manjakuppam. 65.Prathima, W/o Late P. Sreekar Reddy, aged 48 years. 66.P. Sai Uthej, S/o Late P.Sreekar Reddy, aged 29 years, (Nos. 64 and 65 are residents of Chithapara village and post, Gudipalamandal. 67. L Ramadevi, W/o S.V. Lakshminaryana aged 65 years, R/o. D.No. 18. Guruswamy MudaliarRoad, Chittoor. 68. P. Vidyasagar Reddy, S/o Late P. Sivarama Reddy, aged 59 years, R/o.Periambadi village and post, Yadamari Mandal, Chittoor District. 69.A.Mohan Reddy, S/o late. A.Jagannadha Reddy, aged 70 years, 70.A.Prbahakar Reddy, S/o late. A.Jagannadha Reddy, aged 60 years, (Nos. 69 and 70 are residing at 1-207, Chittapara Village and post. ChittoorMandal, Chittoor District) 71.P.M.EIangovan, S/o P.M.Daivasikhamani, 68 years, 72.D.Savithri, W/o late. Sri P.M.Daivasikhamani, 68 years, (Nos.71 and 72 residing at 18-1840, Ponniamrnan Koil Street, Chittoor) 73.P.Kousalya Reddy, W/o late. P.Nithyananda Reddy, aged 83 years, R/o. D.NO.18-839, Ponniamrnan Koil Street, Chittoor. (Respondents 2 to 73 are the Rl to R72 in the main petition) 74.P.Chandamarai, W/o late. P.Amarnadha Reddy, aged 68 years, R/o. Periarnbadi Village, Yadamari Mandal (2,3,4,5,6,7,8,9,10,11,12,13,14,15,16,17,18,19,20,21,22,23,24,25 ,26,27 ,28,29,30,31,32,33, re ^45 34,35,36,18,39,40,41,42,45,46,48,49,50,51,52,53,54,55,56,57,58,59,60 ,61,62,63,64,69, 70,71,72 - all are not necessary parties) ...RESPONDENTS Counsel for the Petitioners: SRI. BALAJI MEDAMALLI Counsel for the Respondents: M/s. C JHANSI RANI Counsel for the Respondents: SRI HARSHA VARDHANA RAO C Counsel for the Respondents: SRI P LAKSHMANA RAO Counsel for the Respondents: SRI SREEKANTH REDDY AMBATI Counsel for the Respondents: SRI S LAKSHMINARAYANA REDDY Counsel for the Respondents: SRI P NAGENDRA REDDY The Court made the following: ORDER IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) APHC010520562023 [3505] FRIDAY ,THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR CIVIL REVISION PETITION NO: 2909/2023 Between; Adhikari Thulasi and Others ...PETITIONER(S) AND A Prabhakar Reddy and Others ...RESPONDENT(S) Counsel for the Petitioner(S): I.BALAJI MEDAMALLI Counsel for the Respondent(S): 1.C JHANSI RANI 2.HARSHA VARDHANA RAO C 3.P LAKSHMANA RAO 4.SREEKANTH REDDY AMBATI 5.S LAKSHMINARAYANA REDDY 6.P NAGENDRA REDDY The Court made the following Order: The present revision petition is filed questioning the order dated 17,08.2023 passed in LA.No.213 of 2023 on the file of the learned Principal Senior Civil Judge, Chittoor. The petitioners are the legal representatives of Defendant No.7 in suit O.S.No.54 of 1959, which was filed for partition. Upon contest, the said suit was decreed by judgment and decree dated 07.06.1982, wherein the 1®' respondent filed an application vide I.A.No.982 of 2014, seeking to pass a final decree in terms of the preliminary decree passed by the trial Court. An Advocate Commissioner was appointed in the said application to divide the suit schedule properties by metes and bounds and the Commissioner subsequently filed a report specifying the shares of the parties. 2. At that juncture, the petitioners filed an application vide I.A.No.213 of 2023, seeking to implead themselves as party respondents to the final decree proceedings, claiming that they are the coparceners and are entitled to share in the suit schedule properties apart from what was gifted to their mother under a gift deed executed by one of the bothers of their mother. Since the petitioners raised the plea with regard to merits, the trial Court, while dealing with the implead application, dealt with the merits of the matter and eventually held that the petitioners are not entitled 3. to any share as per amended Section 6 of the Hindu Succession Act, 1956, excluding the properties given to their mother and dismissed the application. The said application was assisted by the respondents by 4. filing counter affidavit stating that the preliminary decree passed by the trial Court attained finality since no appeal was filed against the same. They further contended that, the Advocate Commissioner was also appointed and in fact he has also filed report delineating the shares between the parties to the suit. They further contended that the application filed by the petitionersis not maintainable in view of the subsequent developments taken place in the final decree proceedings. 5. Heard the learned counsel for the petitioners and the learned counsel for the respondents. 6. Perused the material available on record. At the outset, the trial Court ought not to have gone into the merits of the matter in as much as the application was filed seeking to implead the petitioners as party respondents to the final decree proceedings. Though, incidentally the petitioners 7. have also raised with regard to their entitlement over the suit schedule properties over and above what has been given to their mother. As long as the preliminary decree is not under challenge. the question of agitating the rights of the petitioners in final decree proceedings does not arise. Since the petitioners are the legal heirs of defendant No.8, they are entitled to come on record so as to get their shares as per the preliminary decree. The counsel for the respondents also did not object for the impleadment of the petitioners in the final decree proceedings, however, they objected to the claim of the petitioners over the suit schedule properties over and above what had been granted to their mother in the preliminary decree, As already stated supra, though the trial Court went into the merits of the matter with regard to their entitlement, the same is unnecessary for the purpose of deciding the present application. Hence, the revision petition is allowed and the order of the trial Court is set aside by permitting the petitioners to come on record the final decree proceedings. It is also made clear that the observation made in respect of the entitlement of the petitioners over the suit schedule properties are also set aside. With the above observations, the present revision petition is Allowed. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand 8. in 9. closed. Sd/- M SRINIVAS ASSISTANT REGISTRAR w ^ //TRUE COPY// SECTION OFFICER To, 1. The Principal Senior Civil Judge , Chittoor, Chittoor District 2. One CC to Sri Balaji Medamalli, Advocate [OPUC] 3. One CC to Sri C Jhansi Rani, Advocate.[OPUC] 4. One CC to Sri Harsha Vardhana Rao C, Advocate.[OPUC 5. One CC to Sri P Lakshmana Rao, Advocate.[OPUC] 6. One CC to Sri Sreekanth Reddy Ambati, Advocate.[OPUC 7. One CC to Sri S Lakshminarayana Reddy, Advocate.[OPUC] 8. One CC to Sri P Nagendra Reddy, Advocate.[OPUC] 9. The Section Officer, V.R Section, High Court of Andhra Pradesh. Three CD Copies 10. NSR VNA 5 HIGH COURT DATED:24/01/2025 ORDER CRP.No.2909 of 2023 ALLOWING THE CIVIL REVISION PETITION WITHOUT COSTS