The High Court · 2025

Counsel for the Petitioner: Sri V.ADITHYA, Advocate, representing SRI KOWTURU PAVAN KUMAR Counsel forthe Respondents: None appeared The Court made the following: ORDER #** THE HON'BLE SRI JUSTICE NARSING RAO NANDIKONDA - CIVIL REVISION PETITION No.796 of 2021 - ORDER: This Civil Revision Petition is filed seeking to set-aside the order dated 09.03.2021 in A.S.No.80/2013 passed by the leamed VIII Additional District Judge, Khammam and consequently, to allow I.A.No.2/2020 filed by the petitioners to come on record as the legal representatives ofthe deceased-Nelluri Nageshwara Rao.

2. Heard Mr.V.Adithya, learned counsel representing Mr.Kowturu Pavan Kumar, leamed counsel for the petitioners/proposed appellant Nos.2 to 4. No representation on behalf of respondents. Perused the record.

3. The facts ofthe case in a nutshell are that an appeal was filed under Order XLI Rule I of Code of Civil Procedure in AS.No.80/2013 by late Nelluri Nageshwarglbo aggrieved by the judgment and decree dt.30-9-2011 in a Panition Suit bearing O.S.No.45l2000 on the file of leamed Senior Civil Judge, Khammam. It is stated that during the pendency of the appeal, Nelluri Nageshwara Rao i.e., appellant, died on 5-8-2020 and he is 2 NNR,J C.kP.No.796 of 2021 survived by wife, son and daughter as the sole legal heirs. Despite the fact that it was in the midst of Covid-I9 Pandemic, the petitioners herein still filed I.A.No.212020 in AS.No.80/2013 to come on record as legal heirs of sole appellant. However, despite the fact that the Hon'ble Supreme Court, in light of the Pandemic, had extended the period of limitation vide its order in Suo Motu WP (Civil) No.3/2020, the trial Court vide order dt.9-3-2021 had dismissed I.A.No.2/2020 on the ground that the application was not filed within the period of limitation and abated the main appeal. Assailing the same, the present Civil Revision Petition is filed.

4. Learned counsel for the petitioners contended that when I.A.No.2/2020 in A.S.No.80/2013 was filed by the petitioners to come on record as the legal representatives of sole appellant, the same was duly numbered without any objection as regards to limitation, as such the leamed Judge ought not to have dismissed the main appeal itself as abated. He furth"e.lggntended that the learned Judge failed to appreciate that in the main A.S.No.8012013, written arguments were already filed way back on 23-10-2019 itself, when late Nelluri Nageshwara Rao was alive and in fact oral arguments were also sought to be adduced, as such, at that stage of / / the case, closing the main appeal straightaway as abated is unjust 3 NNR,J C.R.P.No.796 of 2021 and adversely affects the substantive rights of the parties.

5. Learned counsel for the petitioners further contended that the learned Judge ought to have seen that the suit is of the year, zoo0 and the appeal is of the year, 2013 and the parties have been agitating for their rights for a couple of decades and as such, summary closure of the appeal as being abated without providing any opportunity to the legal representatives to come on record has caused great injustice to the petitioners. Hence, prayed to set-aside the impugned order.

6. considering the fact that the petitioners herein filed I.A.No.2 of 2020 in A.S.No.8012013, seeking to condone the delay in filing the petition to come on record as legal heirs of the sole appellant, who died on 05.08.2020 and the learned counsel submitted that the said delay was caused due to covid-l9 pandemic. Accordingly, this court opines thar-tdtrrial court ought to have considered the I.A.No.2 of 2020 in A.s.No.80l20l3 sympathetically in light of the extraordinary circumstances. Further, the Hon'ble Supreme Court has extended the period of \ \ 4 NNf,,,I C./J-P.No.796 of 2021 .\ limitation vide its order in suo luloto w.p.(civil).No.3/2020 due to covid-l9 pandemic and the trial Couft failed to consider the directions of the Hon'ble supreme court as stated above, the I.A.No.2 of 2020, vvhich was dismissed by the trial courl vide its order dated 09.03 .2021 is not legally sustainable in the eye of law.

7. with the above observation, the civil Revision petition is disposed of, delay condoned and therebl, setting aside the abatement order dated 09.03.2021 in A.S.No.80/2013 passed by the learned VIII Additional District Judge, Khammam and consequently, [.A.No.2 of 2020 filed by the petitioners to come on record as the Iegal representatives of the deceased-Nelluri Nageshwara Rao is allowed. Miscellaneous petitions, pending if ooy, shall stand closed. To, //TRUE COPY// SD/,.L LAKSHMI BABU PUTY REGISTRAR SECTION OFFICER \

1. The Vlll Additional District Judge, Khammam at Khammam. 2. One CC to SRI KOWTURU PAVAN KUMAR Advocate IOPUC] 3. Two CD Copies h) NVB/PSL / HIGH COURT DATE i2711012025 D ORDER c RP.No.796 ot 2021 S C)() 'l E iltt 2"j?5 * * DISPOSING THE CIVIL REVISION PETITION - t1-' 1 \b \v "(