The High Court · 2025

occupati<in' Asri;i,;6:;I'i8.,sjfiX,ilffi,:ifi ilf;:, :fl",1,,1.,ilffi;, l?'"'[X3#'1^fl""1i8::!:: ',Cg,:1'S'L$1t:""'*Pe:i:)3*il"1;1''-"ffi .itffi,:-.*ypSifi#,f, "Il?:S:ffif :3f I":8f ,f,::l^vears'occupation ff fi :3:t18ffi 'o*'o'*'on 'nuaru*tru:i?l'lffii#Ji#l:'':$'d'ifl ,;y6*;,orllaYfl hiffi?,fis,1t^Lft 3sl,flii',i,70vears'occupationAgricurture' 'fu f :tl}f ru1'SJiilX#k#:ff H#l'i'xf'fl 'fl ,,.nal*,.,,t::iifl,-Z;o[,il#l$"f,1',ift :f '"?'.",t'"1?J631''o"",".n "::;Aaf l'"'ru,f :,[?..............1];S[1,*ili'# fiTf '^f'fl*':i'%''li1[ffi Ar(Died) "Xlm,n,*,f ,::S:il1f*[]'f ,Y^ft',:,fl "f l3Go,aKamalaxmi.Redildil:^13,8,!}fi l[t[i,,1?,i3t"#,Xt1'Jf"tl:?*' i'T':"'l3iE'"'iE''ilf " fi'""HJ3i:'d"' occuPation Agrtculture' :J'"'"J' Agriculture, r/o Kamarl '':#SlllJli&1*1l?X;t'I;ii:l,1hlfl 'T".iili"':if,:H#:fl l5VaddeBarapp,;i/9.1*ffi ,iXffillfl fljft i3f ',$,1i$l,trLtUll'?rl"%"10".n ff 'fi"ffi ]!l'"',u""u'"'on "nffi :r,u::93''-[,',9,1i,?iHi.Y.Tililli3f ,'xir5;mawRhl.;5:l:?il[:,11il;i',f; LxL'?l''"i'?vears'occupation "ftmilr,u?#"",n'r."?Hi1:ili"?,fl:i.i,'*:[.'11]3311t3ff,;10"'"" leAmbuBai,w/o;tg5:i5:Hd[ffi ftfl?flfl i,',i,lotool??T;iS',XEi''^ pation Agriculture, r/o Kama " ft f"".mm:n"oyl"#i1iifi1il*?'*f"i''fi1133'L"''1li;?icu ,,, i:Hfl #,,?|:"ifii1?llillif, ,1,f #,,1[':H'.fl Jffi 'o*''"'on ,,::::Hffi l:#,H*i?J"J.'f, :'^l*'fl,:,&Tff :li,3i;',1#;1H1il31ffi ;"0'' "Y;=[',1S"'ffi fi,'r,::Hl,J3ii5il*lil,ffi i*Y'Ifi i'i#tlli'?]'"'fi lk' NarayanPet Distnct NaraYanPet District 24- Sudarshan Reddy, son of late Kista Reddy, aged. about 3S-years' occupation. - X;ffiIi;;, r..iJ6hi rrratputmamid i vi lrage, Mantrat Mandal, Narayanpet District. "r

25. Sudarshan Reddy, son of late Kista Reddy-, aged. gQout 35 years' occupation. -" 6ffiii;;;, ,..il6hi;i Kr*aQulmamidi vitlase, Matttral Mandal' Naravanpet District

26. Srikant Reddy, son of late Kista Reddy, aged about.25 years' occupat'on -" ruffiid;;:Elio.nior x"matputmamidi vllage, Makthal Mandal, Narayanpet District. (NoteRespondentsarenotnecessarypartiestothisCRPandnonotice.s required) ...RESPONDENTS CIVIL REVISION PETITION NO: 't8 30 0F 2024 Petition under Arlicle 227 of constitution of lndia against the order dated 2_2-2024int.A.SR.No.1166of2023ino.S.No.104of2o23onthefileoftheCourt of the learned Senior Civil Judge, Narayanpet- Between:

1. ANILA MUTALIK, died per L.Rs' petitioner No'2 to 4 2. JAISHREE, D/o Late Venkat Rao Mt49lilt,^q999^1bout 65 years^'.occupation - tidi"dr].1a, resident of ti tto t-a-zo2t19t\t1ot2, Besides Shankermutt. 3. VIJAYSHREE, D/o Late Venkat Rao Mutalik, age-d_ about 61. years, occupation - ff ouietrofa, resident of H.No.1€-7O2l19lN1Ol2' Besides Shankermutt' Nallakunta, HYderabad Nallakunta, HYderabad-

4. PANDURANGA RAO MUTALIK, son of Lalg.Vinkat Rao Mutalik 1ge! about 56 vears. occupation service,' r6siOent of H'No'1{-7021191A11012' Besides Shdnkenhutt, Nallakunta, Hyderabad' - ...Petitioners/PlaintiffslRevision Petitioners AND 1 2 3 4 K.Suryanaravan Gupta, s/o Sugaiah Gyqta age{ about 50 years' occupation iir;ie;;, ;6A.aanLsir irain Road' Mekthalvillase and Mandal' Mahabubnagar. B.Satvamma. Wo Late B.Ramanna, aged about 56 years' occupation Hous6wife r/o Makthal village and Mandal, Mahabuonagar' Post Narsimltj, s/o Kasanna, aged about 5o years, occupation Postman' r/o Makthal. Mahabubnagar. Vakiti Anjappa @ Anianeyulu, s/o Hanmanthu aged about 45 years' ;;;;;iill;'Agri"-uttuo, r/6 Kamatpulmamdi, Makthal' Mahabubnagar 5- Chandrashekar Goud @ Shekar Goud, s/o Veeran-n-a Goud, aged about 45 - V.ro, o".rpation Busiiess, r/o Kamat pulmamdi, Makthal, Mahabubnagar 6. Pasala Govindamma, w/o Chinna Reddy, aged about 70 yearsr99c.up9!o^[t Housewife, r/o Makthal villbge, Mahabubnagar (Died per L Rs'Rz/ to RJz) 7. Rudrasamudram Jayalaxmi, w/o Malreddy, aged.about 40 years, occupation vegetal vendor r/o Kamatpulmamdi, Makthal, Mahabubnagar'

6. Shiva Reddv, s/o, Laxma Reddy, agec about 70 years, occupatron Agriculture, r/o Kamatpdlmamdi, Makthal, Mahabubnagar g. Malekath Govardhan Reddy, s/o Hanmanthu aged about 55 years, occupation Agriculture, r/o Kamatpulmimdi, Makthal, Mahabubnagar

10.Ratan Pan Reddy, s/o Hanmi Reddy, aged about 40 years, occupation Agriculture, r/o K-amatpulmamdi, Makthal, Mahabubnagar ll.Devaraniti Venkat Reddy, son of Narsi Reddy, aged.about 50 years, ' ' ;";rp;ilEti*ltri", //o Kamatpulmamdi, fulakthal, Mahabubnagar' (Dii:d per L.Rs R33 to R35) 12. Manemma, wife of Govind Reddy, aged about 50 years, occupati - Agri";ii;r;, r/o Kamatpulmamdi,'fiIakthal, Mahabubnagar (Died per L Rs 36 and R37) 1 3. Golla Karna Laxmi Reddy, s/o Late Hanmi Reddy, aged about 40 years' - occupation Agriculture, r/'o Kamatpulmamdi, Makthal, Mahabubnagar' l4.Tirumallolla Raghava Reddy, s/o Late Sai Reddy, aged about 45 years, occupation Agriculture, r/o kamatpulmamdi. Makthal, Mahabubnagar 15 Vadde Balaooa. s/o Late Chandrappa, aged about 40 years' occupation - - Agriculture, rio Kamatpulmamdi, lr4akthal, Mahabubnagar (Died oer L'Rs 3u to R40)

16. BhootDur Jaqdish, s/o B.Hanumanthu, aged about 46 years, occupation Agricdlture, i/o Kamatpulmamdi, Makthal, Mahabubnagar.

17. Bai Katta Anjanelu, s/o Police Balreddy, aged about 45 years, occupation Agriculture, i/. Kamapulmamdi, Makthal, Mahabubnagai' '18. Sakali Tippanna, s/o Late Buddanna, 9g-eq gqoqt 44 years,.occupation- , , Agricultui6, r/o Kamatpulmamdi, Makthal, Mahabubnagar' (Died per L Rs 41 to 43)

19.Ambu Bai, w/o Late Kashinath Rao' aged about 50 years, occupation - - ngricultrter rlo Kamatpulmamdi, Makthal, Mahabubnagar' (Died per L-Rs 44)

20. Sulochanamma, w/o Kista Reddy, aged about 60 years, occupation Agriculture, r/o Kamatpulmamdi, Makthal, Mahabubnagar'

21. Sumitra, d/o Late Ramalaxmamma aged about 50 years, occupation Household, r/o Kamatpulmamdi, Makthal, Mahabubnagar'

22.Prabhakar Reddy, son of Late Ratan Pan Reddy, aged about 30 years, occupation agricirlture, resident of Kamatpulmamidi village' Makthal Mandal, Narayanpet District, 23- Neelvardhan Reddy, son of late Ratan Pan Reddy, aged about 25 ye-ars, , . occupation Agriculti-lre, resident of Kamatpulmamidi village, Makthal Mandal, Narayanpet Dstrict

24. Sudarshan Reddy, son of late Kista Reddy, aged about 35 yearq, occupation- Agriculture, resid6nt of Kamatpulmamidi village, Makthal Mandal, Narayanpet District

25. Kkan Kumar Reddy, son of late Kista Reddy, aged about 30 years, occupation Agriculiure, resident of Kamatpulmamidi village, Maldhal Mandal, Narayanpet District

26. Srikant Reddy, son of late Kista Reddy, aged about 25 ye-ars, occupation Agriculture, r6sident of Kamatpulmamidi village, Makthal Mandal, Narayanpet District.

27. Sudhakar Reddy, son of Late Chinna Reddy, aged about 65 ygals' - - . . occupation Agri6ulture, resident of Kamatpr.r-lmamdi village, Makthal Mandal, Narayanpet District. ldied per LRs.28 to R32)

28. Srinivas Reddy, son of Late Chinna Reddy, aged about 62 years, occupation Agriculture, resident of Kamatpulmamdi village, Makthal Mandal, Narayanpet Distric

29. Venkat Reddy, son of Late Chinna Reddy, aged about 60 years, occupation Agriculture, r6sident of Kamatpulmamdi village, Makthal Mandal, Narayanpet District. .

30. Sekhar Reddy, son of Late Channa Reddy, aged about 46 years, occupation Agriculture, r6sident of Kamatpulmamdi village, Makthal Mandal, Narayanpet District. - 31 . Sai Reddy, son of Late Chinna Reddy, aged about 65 yeq,rs' occupation Agriculturb, resident of Kamatpulmamdi village, Makthal Mandal' Narayanpet District

32.Anjaneyulu Reddy, son of Late Chinna Reddy, aged about 65 years'- oc6upaiion AgricJlture, resident of Kamatpulmamdi village, Makthal Mandal' Narayanpet Dskict.(proposed respondenl No.27 to 32 are the legal representatives of deceased respondent No.6) -

33.D.Naqi Reddy, son of D.Venkat Reddy, aged about 54 years, occupation Businiss, reiident of Kamatpulmamdi village, Makthal Mandal, Narayanpet District.

34. D.Narsimha Reddy, son of D.Venkat Reddy, aged q@qt 56 years, occupation Business, resideni of Kamatpulmandi village, Makthal Mandal, Narayanpet District.

35. D.Anant Reddy, son of Narsi Reddy, aged about,s8 years, occupation Agriculture resident of Kamatpulmamdi village, Makthal Mandal, Narayanpet District. (proposed responderit No.33 to 35 are the legal representatives of deceased respondent No- 1 1 ) 36- P.Narsimha Reddy, son of Govinda Reddy, aged aboyl !2 years, occupation Business, residenI of Kamatpulmarndi village, Makthal Mandal' Narayanpet District.

37. P.Bhaskar Reddy, son of Govinda Reddy, aged aboul ll years,- occupation Business, resideht of Kamatpulmamdi village, Makthal Mandal, Narayanpet District. (proposed respondent No.36 and 37 are the legal representatives of deceased respondent No. 1 2)

38.V.Balraj, son of Late Chandrappa, aged about 42 years, occupation Business, resideni'of KamaFulmamdi vi.fl age, Makthal Mandal, Narayanpet District' 39. V.Raju, son of Late Chandrappa, ag-gq.a!oY! 98 V.e?tr, occupation Business' resiUbrit of Kamatpulmamdi viilage, Makthal Mandal, Narayanpet District. 40. V.Balakrishna, son of Late Chandrappa, aged about 36 years, occupation Business, resident of Kamatpulmamdi village, Makthal Mandal' Narayanpet Drstrict. (propdsed respondeht No.38 to 40 are the legal representatives of deceased respondent No.15) 41 . S.Chinnappa, son of Late Budanna, aged. about-5-7-years, occupation Agricutture, resident of Kamatpulmamdi village, Makthal Mandal, Narayanpet District.

42. S-Anjaneyulu, son of Late Budanna, aged about-s4. years, occupatio Agricutture, restdent of Kamatpulmamdi village, Makthal Mandal, Narayanpet District 43, S.Satvappa, son of Late Budanna. aged about 52 years, occupation ngricJttuie, resrdent of Kamatpulmamdi village, Makthal Mandal Narayanpel District. (proposed respondeni No.4'1 and 43 are the legal representatives of deceased respondent No. 18)

44.T.Santosh Kumar, son of Late Kashinath Rao, aged about 40 years, occupation Agriculture, resident of Kamatpulmamdi village, Makthal Mandal, Narayanpet district. (proposed respondent No.44 is the legal representatives of deceased respondent No.19) (Note. Respcndents are not necessary parties to this CRP and no notice is renr rircd'\ ...RESPONDENTS/DEFENDANTS/RESPONDENTS Counsel for the Petitioners : Sri iianik Lal Yadav Counsel for the Respondents: .... The Court made the following: THE HON'BLE SRI JUSTICE PULLA NARTHIK CTVIL REVISION PETITIO N Nos.1762 aad 183O of2024 COMMON ORDER: Since both these Civil Revision Petitions are arising out of one civil suit, they are taken up together and being disposed of by this common order. 2l Heard learned counsel for the revision petitioners. 3) Civil Revision Petition No.l762 of 2024, under ArLicle 222 of the Constitution of India, is filed by the petitioners-plaintiffs against the docket order dated 02.02.2024 passed by the learned Senior Civil Judge, Narayanpet, in I.A.SR.No.1165 of 2023 in O.S. No.18 of 2010. 4l Cirril Revision Petition No.1830 of 2024, under Article 227 of the Constitution of India, is hled by the petitioners-plaintiffs against the docket order dated O2.O2.2O24 passed by the learned Senior Civil Judge, Narayanpet, in I.A.SR.No.1166 of 2023 in I.A. No.l04 of 2023 in O.S. No.18 of 2010. 5) The facts leading to hling of the present revisions are as under: 2 PK, J CRPS 1762&1U30 2024 Petitioners-plaintiffs have filed O.S. No.18 of 2010 on the file of Senior Civil Judge's Court, Narayanpet, for declaration of title and recovery of possession arrd also for mesne profrts against respondents I to 21. During the pendency of the suit, respondent No.2O has died and therefore, his lega1 representatives were brought on record as defendant Nos.22 to

26. Thereafter, on coming to know about the death of respondent No.6, I.A.No.l04 of 2023 was filed on 20.03.2023 seeking to bring on record respondents 27 to 32 as legal heirs of respondent No.6; respondent Nos.33 to 35 as legal representatives oI deceased-defendant No.ll; respondent Nos.36 and 37 as legal representatives of deceased-respondent No. i 2lciefe nciant No. 12; responcient Nos.38 to 4O as iega.l representatives o[ respondent No.1S/defendant No. 15; respondent Nos.4l to 43 as legal representatives of deceased- respondent No.l8/defendant No.18; and respondent No.44 as Iegal representative of respondent No.19/defendant No.19 Subsequently, on 14.08.2023, petitioners have also filed a memo stating that. respondent No.27 has died leaving behind his brothers, who are sought to be brought on record as respondents 28 to 32. Hence, the petitioners prayed the Court to treat the proposed respondent Nos.28 to 32 also as lega1 3 PK, J CRPs-1762& l83O-2024 heirs and representatives of respondent No.27. While so, I.A. No.1O4 of 2023 was dismissed for default on 73.07 .2023 for not taking steps against the deceased-respondent No.27. Seeking to set aside the said default order dated 13.07.2023 and to restore O.S. No.18 of 2O7O to its file for disposal on merits, petitioners-plaintiffs have filed I.A. SR No.l165 of 2023 by invoking Order IX Rule 9 read with Section 151 of the Code of Civil Procedure and seeking to restore I.A. No.lO4 of 2023, I.A.SR.No.l166 of 2023 was filed. While numbering the IAs, the learned Senior Civil Judge, Narayanpet, took objection with regard to maintainability of the IAs. Hence, the petitioners are before this Court. 6) A perusal of the endorsement made by the learned trial Judge reveals that both the IAs were returned on the ground that no steps were taken in respect of respondent No.27, who died. 7l The contention of the petitioners is that memo dated

14.Oa.2O24 is already on record praying the Court to treat the proposed respondent Nos.28 to 32 also as legal heirs and representatives of respondent No.27. Hence, the petition is maintainable. However, both the IAs were again returned by 4 PK, J CRPS 1762&1830 2024 the learned trial Judge stating that the objections are not complied. 8) Learned counsel for the revision petitioners has contended that deceased respondent No.27 is one of the legal heirs of respondent No.6 whereas respondent Nos.28 to 32 are other legal heirs of respondent No.6. Further, respondent Nos.28 to 32 u,ere already served with notices in I.A. No.104 of 2023. Therefore, the learned counsel has strenuously contended that there is no necessity to take steps again in respect of respondent No.27. Hence, it is prayed to issue necessary directions in the Revision petitions. 9) This Court has perused the material on recorri 10) Though the petitioners specihcally assert that respondent Nos.28 to 32 alone are rhe legal heirs of respondent No.27, this Court is of the view that unless respondent Nos.28 to 32 appear and state before the trial Court that they are the only legal heirs of deceased respondent No.27, the Court solely based on the memo filed by the petitioners cannot conclude that respondent Nos.28 to 32 are the only legal heirs of deceased_respondent No.27. Since rights of the parties in respect of immovable 5 PK, J CRPS 1762&1830 2024 property are involved in the matter, to balance the equities, this Court is of the considered view that it is just and necessar5r to direct the petitioners to comply the objections taken by the trial Court. 11) Hence, both the Civil Revision petitions are disposed of directing the petitioners-plaintiffs to comply with the objections taken by the learned Senior Civil Judge, within a period of ten days from the date of receipt of a copy of this order. On such complia,ce, the tria-r court shalr proceed further in accordance with law. I2l Since no adverse orders are passed against the respondents herein, the present civil Revision petitions are disposed of without issuing any notice to them. Miscellaneous petitions pending, if any, shall stand closed. No costs. \ To, //TRUE COPY// Sd/- T. TIRUMALA DEVI T REGISTRAR ASSIST ECTION OFFICER 1- The learned Senior Civil Judge, Narayanpet. 2 One CC to Sri tvlanik Lal Yadav, Advocate [OpUCl 3. Two CD Copies DUgh o HIGH COURT DATED:10/01/2025 ) COMMON ORDER CRP.Nos.1762 and 1830 of 2024 -i liE SI4T 6' Cf( (( ) () 2t FiB 2025 * D6,.sr,^Tc rrtJ'-; u 2 o -l\, .rl C.R.Ps are DISPOSED OF 1 'r{- W