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: 2906 OF 2023 Petition under Article 227 of the Constitution of India, against the order dated 17.08.2023 passed in I.A.No.164 of 2023 in I.A.No. 982 of 2014 in O.S.No. 54 of 1959 on the file of the Principal Senior Civil Judge, Chittoor Between: 1. J. Thulasiram Reddy, S/o. N. Jayaram Reddy, Aged 93 years, R/o. D.No. 30, 8039, h Street. Tatabad, Coimbatore, Tamilnadu-641012 (died as per LRs PP 2 & 3) 2. Dr. N. Satyavathi, W/o. Late J. Thulasiram Reddy, Aged about 92 years, R/o. D.No.30, 8th Street, Tatabad, Combatore, Tamil Nadu. 3. Dr. T. Anitha, W/o. Dr. Jagadeesh Kumar Reddy, D/o. Late J. Thulasiram Reddy, aged 50 years, R/o. D.No 30, 8"^ Street, Tatabad, Combatore, Tamil Nadu. (Respondent Nos 2 and 3 have been brought on record as LRs of Sole Petitioner as per Court Order dated 31-12-2024 vide IA.No.2 of 2024 in CRP.2906 of 2023) ...PETITIONERS .«T OY rM - . x/ V AND V i ' 1. A.Prabhakar Reddy, S/o. A. Narayanaswamy Reddy, Aged 77 R/o. Lakshminagar Exten, 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. Adkari Rajarathnam 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) 14.Gandiapalle Narayana Reddy, (died) IS.Subramanya Goudu, (died) 16.Varadaiah Chetty, (died) 17.Venkatamuni Chetty, (died) years. 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.ParimAvathi, W/o P. Chenga Reddy,aged about 78 years, R/o. Periambadi village, Yadamari mandal. 29. Bhaskar Reddy, (died) SO.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, R/o. Ponniammankovil street, Chittoor. 38.P.Vinod Reddy, S/o P.Nithyananda Reddy, R/o.Ponnianunankovil street, Chittoor. 39.Sheela Reddy, D/o P. Nithyananda Reddy, R/o. Ponniammankovilstreet, Chittoor. 40. P. Nithyananda Reddy, S/o late P. Narayana Reddy, Ponniammankovil street, Chittoor. 41. P. Manohar Reddy, (died) 42.P.Sulochanamma, W/o Manohar Reddy, aged 69 years, Chithapara Village and Post, Gudipala Mandal. 43.P.Srinivas Varaprasad 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 and Post, 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, S/o Varada Reddy, aged 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. Vanajakshmamma, W/o P. Sivarama Reddy, aged 80 years, R/o. Periambadi village and Post. Yadamari Mandal, Chittoor District. kl 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 70years, R/o.Sainagar Colony, Chittoor. 54.A.N. Bhaskar, S/o Late A.G. Narayanaswamy Reddy, aged 74 years, R/o. Bhanu Nagar Pudur, Ambathu, Chennai, 55.A.N.Ramesh Babu, S/o late A.G. Narayanaswamy Reddy, aged 72, years, R/o. Patel Street, Kamaraja Nagar, Avadi, Chennai. 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/o.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. ei.Surekha, , D/o E. Ramakrishna Reddy, aged about 50 years, 62.Malini, 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, R/o Balaji Nagar, Anadavathur Nagar, Chennai ki 64.S. Latha, W/o J. Sampath Kumar, Kadalur. aged 48 years, R/o. Manjakuppam eS.Prathima, W/o Late P. Sreekar Reddy, aged 48 years. P.Sreekar Reddy, aged 29 years, (Nos. 64 and 66. P. Sai Uthej, S/o Late residents of Chithapara village and post, Gudipalamandal) 65 are 67.L Ramadevi, W/o S.V. Lakshminaryana, aged 65 years, R/o. D.No. 18 Guruswamy Mudaliar Road, 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 & 70 are Residing at 1-207, Chittapara Village and Post, Chittoor Mandal, Chittoor District) 71 .P.M.EIangovan, S/o P.M.Daivasikhamani, 68 years, . Sri P.M.Daivasikhamani, 68 years, (Nos.71 and 72 residing at 18-1840, Ponniamman Koil Street, Chittoor) Kousalya Reddy, W/o late. P.Nithyananda Reddy, aged 83 years, R/o. D.No.18-839, Ponniamman Koil Street, Chittoor (Respondents 2 to 73 are the R1 to R72 in the main petition) 74.P.Chandamarai, , W/o late. P. Amarnadha Reddy, aged 68 years, Periambadi Village, Yadamari Mandal 72.D.Savithri, W/o late are 73.P. ,12,13,14,15,16,17,18,19,20,21,22,23,24,25,26,27 32,33,34,35,36,38,39,40,41,42,45,46,48,49,50,51,52,53,54 (2,3,4,5,6,7,8,9,10,11 28,29,30,31 ,55,56,57,58,59,60,61,62,63,64.69,70,71,72 - all are not necessary parties) ...RESPONDENTS lA NO: 1 OF 2023 under Section 41 Rule 5 of CPC praying that in the circumstances Petition stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings in the final decree petition in F.D.l.A. No. 982 of 2014 in O.S. No. 54 of 1959 on the file of the Principal Senior Civil Judge, Chittoor Counsel for the Petitioners: SRI. BALAJI MEDAMALLI Counsel for the Respondent No.1: SRI C.HARSHAVARDHAN RAO Counsel for the Respondents 39: Ms. C. JHANSI RANI Counsel for the Respondents Nos 43, 44 & 65,66 : SRI SRIKANTH REDDY AMBATI Counsel for the Respondent No. 56: SRI P. LAKSHMANA RAO Counsel for the Respondents Nos 67, 68, 74: SRI S LAKSHMINARAYAN A REDDY Counsel for the Respondent No.73: SRI P. NAGENDRA REDDY The Court made the following JUDGMENT: IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR riwil REVISION PETITION NO: 2906/2023 APHC010520532023 [3505] Between; J.thulasiram Reddy Died and Others ...PETITIONER(S) AND A Prabhakar Reddy and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1.BALAJ1 MEDAMALLI Counsel for the Respondent(S): 1.0 JHANSl RANI 2.HARSHA VARDHANA RAO C 3.P LAKSHMANA RAO 4.SREEKANTH REDDY AMBATl 5.S LAKSHMINARAYANA REDDY 6.PNAGENDRA REDDY >, The Court made the following Order: The present revision petition is filed questioning the order dated 17.08.2023 passed in I.A.No.164 of 2023'On the file of the learned Principal Senior Civil Judge, Chittoor. The petitioners are the legal representatives of Defendant No.8 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 2. the parties. 3. At that juncture, the petitioners filed an application vide I.A.No.164 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 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. 4. The said application was assisted by the respondents by counter affidavit stating that the preliminary decree passed 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 petitioners is not maintainable in view of the subsequent developments taken place in the final decree proceedings. Heard the learned counsel for the petitioners and the learned counsel for the respondents. 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 imple'ad the petitioners as party respondents to the final decree proceedings. Though, incidentally the petitioners 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 filing by the 5. 6. 7. proceedings does not arise. Since the petitioners are the legal heirs of defendant No.7, they are entitled to come on record so as to get their shares as per the preliminary decree. The the respondents also did not object for the impleadment of the petitioners in the final decree counsel for 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 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 in 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. 9. 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 closed. 8. same is come on record Sd/- M SRINIVAS ASSISTANT REGISTRAR n % //TRUE COPY// SECTION OFFICER To, 1. The Principal Senior Civil Judge, Chittoor, Chittoor District. SRI. BALAJl MEDAMALLI Advocate [OPUC] 2. OneCCto 3. One CC to SRI. HARSHA VARDHANA RAO C Advocate [OPUC] 4. One CC to SRI P. NAGENDRA REDDY, Advocate (OPUC) SRI SREEKANTH REDDY AMBATI, Advocate (OPUC) 5. OneCCto 6. One CC to SRI S. LAKSHMINARAYANA REDDY, Advocate (OPUC) 7. One CC to Ms. C.JHANSI RAIN. Advocate (OPUC) SRI P. LAKSHMANA RAO, Advocate (OPUC) 9. The Section Officer, V.R Section, High Court of Andhra Pradesh. 8. OneCCto Three CD Copies 10. Skm vna HIGH COURT DATED:24/01/2025 JUDGMENT CRP.No.2906 of 2023 06 MAR 2025 m rfa: 09? Current Section #■ ^ ALLOWING THE CRP WITHOUT COSTS