The High Court · 2025

The Defendant Nos. '1 to 3, 5 and 7 are Occ. Agriculture,The Defendant Nos. 8 and 9 are minors,R/o. Mallapur Village, Ghattu Mandal, Mahabubnagar District. Respondents/Respondents/Degendants lA NO: 2 OF 2021 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed ip support of the petition, the High Court may be pleased to bring the legal Representative on record as Petitioner No.9 for deceased petitioner No.7 in C.R.P.No.2370 of 2019 and to pass lA NO: 1 OF 2021 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased To extend the stay order dated '10.01.2020 made in lA.No.'1 of 2019 in CRp.No.2370 of 2019 pending disposal of the above CRP and to pass lA NO: '1 OF 2020 Petition under Section '151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased To extend the stay order dated:'l 0.O1 .2020 made in LA.No.1 of 2019 in C.R P No.2370 of 2019 pending disposal of the above C.R.p. and to pass lA NO: 1 OF 2019 Petition under section 151 cPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to stay of all further proceedings in l.A.No. 345 of 2019 in LA.No. 344 of 2O1g in O.S.No. 157 of 2009 dated. 20-08-2019 on the file of the principal Junior Civil Judge, at Gadwal, pending disposal of the above C.R.p. Counsel for the Petitione(s):SRl. Lakshmi D.S Counsel for the Respondent No.1 : Ande Vishala The Court made the following: ORDER -,* THE HONOURABLE DT. JUSTICE G.RADHA RANI CML REVISION PETITION No.2370 of 2019 ORDER: This Civil Revision Petition is frled by the petitioners aggrieved by the order dated 20.08.2019 passed in LA.No.345 of 2019 in I.A.No.344 of 2019 in O.S.No.157 of 2009 by the learned Principal Junior Civil Judge, Gadwal for dismissing the petition filed by them seeking condonation of delay of 480 days fbr impleading the proposed parties - the legal representatives of deceased plaintiff No.5 as plaintiffs 9 to 11.

2. During the pendency of the Civil Revision Petition, the petitioner No.7 died and the LR of petitioner No.7 was brought on record as petitioner No.9 vide order dated 04.10.2024 passed in I.A.No.2 of 2021

3. Memo filed by the learned counsel for the petitioners in proof of service of notice on all the rcspondents. No representation by the leamed counsel for the rcspondents.

4. lleard Smt.D.S.Lakshmi, leamed counsel for the petitioners

5. Leamed counsel for the petitioners - plaintiffs submitted that the suit was filed by the plaintiffs for declaration of title, recovery of possession and ,..'.. "44E€+ffi7 , :!- ,' i a. - t $ ? 1 I I I I ! I i i I I I I I I I I I i I I I 2 Dr.GR& J crp 2370-2019 perpetual injunction. During the pendency of the suit, the plaintiff No.5 died on

16.04.2018, as such I.A.No.344 of 2019 was filed, to bring on record the legal representatives of deceased plaintiff No.5 as plaintiffs 9 to I l. But, as there was a delay of 480 days in filing the petition under Order XXII Rule 3 rcad with Section l5l of CPC for bringing the legal representatives of the deceased plaintiff No.5 on record, the petitioners filed I.A.No.345 of 2019 to condone the said delay. She further submittcd that the said petition was dismissed by the trial court.

5.1. Leamed counsel for the petitioners further submitted that the court below mechanically dismissed the petition without any reasonable cause, without considering that the proposed parties were none other than the legal representatives of deceased plaintiff No.5 and the suit was filed seeking substantial rights of the parties and prayed to allorv the revision by setting aside the order dated 20.08.2019 passed in I.A.No.345 of 2019 in I.A.No.344 of 2019 in O.S.No. 157 of 2009 by the leamcd Principal Junior Civil Judge, Gadwal

6. Considering merits in the submissions of the leamcd counsel for the petitioners as the suit is pending and right to sze is continuing and no prejudice would be caused to the respondents - defendants also in bringing on record the legal representatives of deceased plaintiff No.5 as plaintifls 9 to 11, the trial court ought to have allowed the petition. ta,4 I t I I I I i I I I 3 Dr.GRR, J crp_237O_2019

7. In thc rcsult. the civil Rcvision Petition is allowed sctting aside the order dated 20.0ti.2019 passed in 1.A.No.345 of 2019 in I.A.No.344 of 2019 in O.S.No. I 57 of 20()9 b1.' the leamed Principal Junior Civil Judge, Gadrval. No ordcr as to costs As a sequeJ. miscellaneous applications pending in this petition, if any, shall stand closed //TRUE COPY// ASS Sd/. V. KAVITHA ANT REGISTRAR ECTION OFFICER To, t The Princrpal Junior Civil Judge at Gadwal,(with records if any) 2 One CC to SRl Lakshmi D S, Advocate IOPUCI 3. One CC to SRI Ande Vishala, Advocate [OPUC] 4. Two CD Copies HIGH COURT DATED 13t02t2025 ORDER CRP.No 2370 of 2019 CMI- RLVISION I'l: I t IION .Al.l.O\\rEt) /. I I ) ',' t tAi $( f 2 5 r{Ai] ro25 l)EspATCHE.\