Civil Revision Petition No. 5116 of 2009 · High Court

This Civil Revision Petition is filed aggrieved by the order dated 21.08.2009 passed in I.A.No.733 of 2008 in Cross Objections in A.S.No.92 of 2007 by the learned Additional Senior Civil Judge, Tenali. By the instant application, which was filed under Order I Rule 10 of the CPC, the lower appellate Court directed the trial Court to try the question whether the respondent herein is the legal representative of the deceased appellant in the cross-objections in A.S.No.92 of 2007 by recording evidence, after giving due opportunity to both sides, and return the record. Aggrieved thereby, the respondents in the cross-objections filed this revision. Heard learned counsel for the petitioners and perused the material available on record. It is seen that the order impugned is only calling for

the finding from the trial Court with respect to the claim of the respondent herein that he is the legal representative of the deceased appellant the cross-objection A.S.No.92 of 2007 on the basis of a Will said to have been executed by the deceased appellant the cross- objections favour proposed representative/respondent herein. To decide the question whether the third party is the legal representative of the deceased appellant the cross-objections or not, necessarily an enquiry has to be conducted, where all the parties will be given an opportunity of hearing. The petitioners herein can raise all objections before the trial Court. Therefore, I do not see any illegality or irregularity in the order impugned so as to interfere with the same. However, it is needless to mention that the trial Court has to take into consideration all the objections put forth by the parties and decide the question. The Civil Revision Petition fails and is, accordingly, dismissed. No order as to costs. ____________________ B.PRAKASH RAO, J Dated 30th October, 2009