f APHC010055292023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI QMS FRIDAY, THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE T.C.D.SEKHAR CIVIL REVISION PETITION NO: 409 OF 2023 Petition under Article 227 of the Constitution of India Civil Miscellaneous Appeal is filed against the Order and decree dated No. 266/2018 in A.S. No. 41/2016 3-09-2022, passed in I.A. on the file of the Court of the VII Addl. District Judge, East Godavari District, Peddapuram. Between: Valluri Nagamani, W/o Surya Subrahamanya Vara Prasad wife. 40 years, house Peddapuram, East D.No. 3-18, Murari Village, Gandepalli Mandal Godavari District. ...PETITIONER. AND 1. Chava Lakshmi, (Died) 2. Chava Srinivasarao, S/o Tammayya, 45 years. Cultivation, D.No. 4-24 Vadisaleru, Rangampeta Mandal, Peddapuram. East Godavari District ...RESPONDENTS. \ lA NO: 1 OF 2023 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the Order in I.A.No.266/2018 in AS.No.41/2016,on the file of the Court of the VII Addl. District Judge, East Godavari District at Peddapuram dated 13-09-2022, during the pendency of the above appeal Counsel for the Petitioner : SRI. KOTHA NAGA SURYA RAO Counsel for the Respondents : SRI. A K KISHORE REDDY The Court made the following ORDER : V © APHC010055292023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SMB [3505] FRIDAY, THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR CIVIL REVISION PETITION NO: 409/2023 Between; 1.VALLURI NAGAMANI, W/0 SURYA SUBRAHAMANYA VARA PRASAD, 40 YEARS, HOUSE WIFE, D.NO. 3-18, MURARI VILLAGE, GANDEPALLI MANDAL, PEDDAPURAM, EAST GODAVARI DISTRICT. ...PETITIONER AND 1.CHAVALAKSHMI,(DIED) 2.CHAVA SRINIVASARAO, S/0 TAMMAYYA, 45 YEARS, CULTIVATION, D.NO. 4-24, VADISALERU, RANGAMPETA MANDAL, PEDDAPURAM. EAST GODAVARI 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 pleased toAppellant begs to present this Memorandum of Civil Miscellaneous Appeal against the Order and decree dated t3- 09-2022, passed in LA. No. 266/2018 in A.S. No. 41/2016 on the file of The VII ADDL. District Judge, East Godavari District, Peddapuram lA NO: 1 OF 2023 praying that in the circumstances stated in the affidavit filed in support of the petition. Petition under Section 151 CPC 2 TCDSJ C.R.P.No.409 of2023 the High Court may be pleased may be pleased to suspend the Order in I.A.No.266/2018 in AS.No.41/2016, on the file of VII Addl. District Judge, East Godavari District at Peddapuram dated 13- 09-’2022, during the pendency of the above appeal and may pass such Counsel for the Petitioner: 1 .KOTHA NAGA SURYA RAO Counsel for the Respondent(S): 1. 2.AKKISHORE REDDY The Court made the following: 3 TCDS,J C.R.P.No.409 of2023 THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR CIVIL REVISION PETITION NO: 409 of 2023 ORDER: The present revision petition is filed questioning the order dated 13.09.2022 passed in I.A.No.266 of 2018 in A.S.No.41 of 2016 on the file of VII Additional District Judge, East Godavari District Peddapuram. Initially, the deceased/1®‘ respondent herein preferred the said 2. appeal questioning the decree dated 29.02.2016 passed in O.S.No.58 of 2013 on the fie of Senior Civil Judge, Peddapuram. Pending the appeal, the 1®* respondent expired. Thereafter, the 2'^^ respondent filed Interlocutory Application vide I.A.No.266 of 2018 under Order 22 Rule 3 of C.P.C. seeking to come on record as legal heir of the deceased 1®* respondent. It is the specific case of the 2'^^ respondent that during the life time of the 1®* respondent, executed a registered will deed dated 11.09.2012, whereunder bequeathed the suit schedule property in his favour being her grand son. The said application was opposed by the petitioner herein stating that the 2'^'^ respondent has no right to come on record inasmuch he intentionally concealed about the fraudulent register sale deed dated 12.09.2014 which was obtained by him subsequent to attachment of the 4 TCDS,J C.R.P.No.409 of2023 schedule property without valid consideration. It is further stated that the 2'^'^ respondent is not the sole legal heir of the deceased respondent and there are several other legal heirs. Therefore, the 2"^^ respondent is not entitled to come on record as legal heir when class 1 legal heirs alive. Heard the learned counsel for the petitioner and the learned 3. counsel for the respondents. On perusal of the record, it is noticed that the schedule property was bequeathed to the 2^'^ respondent by virtue of registered will deed which was attached during pendency of the suit 4. and the said attachment order was made absolute by order dated 24.04.2014. It is further case of the petitioner that though a registered will deed was executed in favour of 2^'^ respondent, subsequently, the same property was alienated in favour of the 2^'^ respondent by virtue of registered sale deed dated 12.09.2014 by deceased 1®' respondent. From the above, it is clear that the 2"^^ respondent has got right over the property which was attached pending the suit. In view of the same, the 2^^ respondent is entitled to come on record as the schedule property was bequeathed in his favour by registered will. Therefore, this Court does not find any illegality in the order under challenge. / 5 TCDSJ C.R.P.Nq.409 of2023 5. Accordingly, the present Civil Revision Petition is dismissed, leaving it open to the petitioner to raise all her contentions in the appeal. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. SD/- B.CHITTI JOSEPH ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The VII Addl. District Judge, East Godavari District ' 2. One CC to SRI. KOTHA NAGA SURYA RAO Advocate 3. One CC to SRI. A K KISHORE REDDY Advocate 4. The Section Officer, VR Section Amaravathi 5. Two CD Copies at Peddapuram - [OPUC] [OPUC] High Court of Andhra Pradesh at mkp w , V- TAC HIGH COURT DATED:25/07/2025 ORDER CRP NO. 409 OF 2023 DISMISSING THE CRP