APHC010563052025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] TUESDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD CIVIL REVISION PETITION NO: 3201/2025 Between: 1. VIBUTHI VENKATA CHANDRA SURIBABU, S/O LATE PRABHAKARA SIDHANTHI, AGED ABOUT 57 YEARS, RESIDENT OF DOOR NO. 12-9-7, DANDI STREET, SRIKAKULAM TOWN AND DISTRICT. ...PETITIONER AND 1. VIBUTHI PRABHAKARA RAO PRABHAKARA RAO SIDDANTHI, (DIED), 2. DOGIPARTHI VIBUTHI, MITRAVINDA, W/O SAI KRISHNA D/O LATE PRABHAKARA RAO @ PRABHAKARA RAO SIDDANTHI, AGED 35 YEARS, ORIGINALLY NATIVE OF D.NO.10-09-7 AND 8, OPP COSMOPOLITAN CLUB, KAKI VEEDHI, SRIKAKULAM TOWN, PO, MUNICIPALITY AND DISTRICT, PRESENTLY RESIDING AT U-1, 5TH FLOOR, R.K. APARTMENT, OPP TO BHASHYAM SCHOOL, RAMAPURAM, CHEERALA TOWN AND P.0, PRAKASAM DISTRICT 3. VIBUTHI SATYAVATHAMMA, , W/O LATE PRABHAKARA RAO @. PRABHAKARA RAO SIDDANTHI (DIED) 4. JAMI RAJA SEKHAR, S/O LATE MANMADHA RAO, AGED ABOUT 40 YEARS, R/O D.NO. 3-9-4, CHEPALA STREET, SRIKAKULAM TOWN, PO MUNICIPALITY AND DISTRICT. 5. JAMI CHANDRA SEKHAR, S/O LATE MANMADHA RAO, AGED ABOUT 40 YEARS, R/O D.NO. 3-9-4, CHEPALA STREET, 2 SRIKAKULAM TOWN, PO MUNICIPALITY AND DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. T DIWAKAR REDDY Counsel for the Respondent(S): 1. CKR ASSOCIATES 2. S LAKSHMINARAYANA REDDY The Court made the following: ORAL ORDER: Heard Sri T. Diwakar Reddy, learned Counsel for the Civil Revision Petitioner, Sri S. Ganesh Nanda, learned Counsel representing M/s. CKR Associates, learned Counsel for Respondent No.2 and Sri S. Laikshminarayana Reddy, learned Counsel for Respondent Nos.4 & 5. 2. The present Civil Revision Petition is filed challenging the Order passed by the Principal Civil Judge (Senior Division), Srikakulam, in I.A.No.39 of 2025 in O.S.No.7 of 2009. O.S.No.7 of 2009 is a suit for Permanent Injunction filed by one Sri Vibuthi Prabhakara Rao, who is the father of the Petitioner herein against the landlords. 3. The Plaintiff, Sri Vibuthi Prabhakara Rao, died on 01.09.2015. Sri Vibuthi Prabhakara Rao is survived by his son, Sri Vibuthi Venkata Chandra Suribabu, his daughter, Smt. Dogiparthi Mitravinda, and his wife, Smt. Vibuthi Satyavathamma. 4. Smt. Dogiparthi Mitravinda (daughter) and Smt. Vibuthi Satyavathamma (wife) were impleaded as Plaintiffs on the strength of Registered Sale Deed dated 22.04.2015. While the Suit was pending, the Defendants in O.S.No.7 of 2009, namely the landlords, filed O.S.No.6 of 2010 for Eviction. In the said Suit, the Plaintiff/landlord arrayed all the Legal Representatives of Sri Vibuthi 3 Prabhakara Rao, namely Sri Vibuthi Venkata Chandra Suribabu (son), Smt. Dogiparthi Mitravinda (daughter), and Smt. Vibuthi Satyavathamma (wife). 5. When summons were received by the son, Sri Vibuthi Venkata Chandra Suribabu, in O.S.No.6 of 2010, it came to his knowledge that his father, Sri Vibuthi Prabhakara Rao, had filed O.S.No.7 of 2009 against the landlords seeking Permanent Injunction, and that due to lack of knowledge about the pendency of O.S.No.7 of 2009, he had not filed an Application to implead himself as a Legal Representative of Sri Vibuthi Prabhakara Rao. He also came to know that the daughter and wife of Sri Vibuthi Prabhakara Rao were brought on record on the strength of Will dated 22.04.2015. 6. Sri Vibuthi Venkata Chandra Suribabu thereafter had filed I.A. No.39 of 2025 seeking to implead himself as Plaintiff in O.S. No.7 of 2009. The said Application was considered by the Principal Civil Judge (Senior Division), Srikakulam, and the same was dismissed vide Order dated 08.07.2025. The said Order is now under challenge in the present Civil Revision Petition by the Applicant in I.A. No.39 of 2025, who is none other than the son of Sri Vibuthi Prabhakara Rao. 7. This Court has perused the Impugned Order. In an Application seeking impleadment on the basis of the Applicant being the legal representative of the Plaintiff, the Court is only required to examine whether the Applicant is a genuine Legal Representative of the deceased Plaintiff. 8. It transpires that there is a dispute with regard to the Registered Will purported to have been executed by Sri Vibuthi Prabhakara Rao in favour of Smt. Dogiparthi Mitravinda (daughter) and Smt. Vibuthi Satyavathamma (wife). It is the opinion of this Court that even if the Will is genuine and even if the subject property has not been bequeathed in favour of the Applicant, the right of the Applicant to be impleaded as a Legal Representative of the original Plaintiff cannot be taken away. The right emanates from the Applicant being the son of the deceased Plaintiff, and not only the Applicant but all surviving Legal Representatives are entitled to be impleaded as Parties. 4 9. In this view of the matter, this Court is unable to agree with the reasoning given by the Principal Civil Judge (Senior Division), Srikakulam, in his Order dated 08.07.2025. 10. Accordingly, the Civil Revision Petition is disposed of by setting aside the Impugned Order dated 08.07.2025 passed in I.A.No.39 of 2025 in O.S. No.7 of 2009. The Petitioner herein shall also be impleaded as the son of the Plaintiff, and the Suit be proceeded with in accordance with law. No order as to costs. 11. Interlocutory Applications, if any, stand closed in terms of this order. _________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt: 06.01.2026 DSV 5 HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD CIVIL REVISION PETITION NO: 3201/2025 06.01.2026 DSV 6 HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI MAIN CASE No. CIVIL REVISION PETITION NO: 3201/2025 PROCEEDING SHEET Sl. No DATE ORDER Office Note 03. 06.01.2026 GRKP, J Civil Revision Petition is disposed of. (vide separate order) ___________ GRKP, J DSV 7