The High Court · 2025

2. Ivlr A.Raju Goud, S/o Late Sri Athmakur Ananth Ram Goud, Aged 70 years, Occ Engineer (Retd), R/o H NO - 2-5-173 , Srinivas lrilahal Theatre (ARG Estate) , Rachannapet,Zaheerabad, Sanga Reddy Dist , Telangana

3. Mr A.Tulasi Das, S/o Late Sri Athmakur Ananth Ram Goud, Aged 60 years, Occ Business, R/o. H NO - 2-5-173, Srinivas Mahal Theatre (ARG Estate) ,Rachannapet, Zaheerabad, Sanga Reddy Dist, Telangana ...RESPONDENTS/PETITIONERS/DEFENDANTS 1, 3 and 4

4. Mr A.Vallab Das, S/o Late Sri Athmakur Ananth Ram Goud, Aged 65 years, Occ Builderand Developer, R/o. H NO - 8-2-316171A, Road no 14, Banlara Hills, Hyderabad - 500034, Telangana

5. Mrs. L. R . Saroja, Wo Late L.Rangan Goud D/o Late Sri Athmakur Ananth Ram Goud, Aged 80 years, Occ House wife, PJo. H NO -3-4-871181502, Barkatpura, Hyderabad - 5OO027, Telangana [died]

6. Mrs Sanem Anuradha,, Wo Sri Sanem Anjaneyulu Goud D/o Late Sri Athmakur Ananth Ram Goud, Aged 55 years, Occ: Housewife, Rl/o. Behind Kavadi Guda Police Staion, Kavadi Guda, Hyderabad - 500080 , Telangana

7. lrilr Atmakur Akash Goud, S/o Mr A.Vallab Das, aged 33 years,Occ. Business R/o. H NO - 8-2-316171A, Road no 14, Bailara Hills , Hyderabad - 500034 , Telangana

8. Mr Hohammed Salian Qureshi,, S/o Mohd Kaseem Qureshi, Aged 36 years, Occ. Busniess, R/o H.No.1-3-1 18l2,Khan Street, Zaheerabad, Sanga Reddy Dist -502220

9. Mr. Shaikhan S/o. Late Shaik Saleh, Aged 75 years, Occ. Business R/o. H. No. 5-6-261/4, New Aghapura, Hyderabad

10. Mr. Mohammed Abdul Baseer, S/o. Late Mohammed Abdul Saitar, Aged 73 years, Occ. Business R/o. H. No. 8-1-211134, Suryanagar Colony, Tolichowki Hyderabad 1 1. Mr. Syed Ziauddin, S/o. Late S. K. Yousufuddin, aged 67, Yean;, Occ. Business No 8-1 -523147, Brindavanam Colony, Tolichowki, H1,'derabad 12. Ivlr. Elyas Khan, S/o. Mr. Hafeez Khan, Aged 66, Occ. Business, Rl/o. 5-6- 26114, New Aghapura, Hyderabad

13. Mr. Syed Mohammed Ali, S/o. Mr. Syed Asif Ali, Aged 55, Years, Occ. Business R/o 8-1 -5231102, Brindavanam Colony, Tolichowki, Hyderabad 14. Mr. Shaik Salam, S/o. Mr. Shaikhan, Aged 47 Years, Occ. Busiress Rl/o. H. No. 5-6-261/4., Bait-Al-Bawazeer, New Aghapura, Hyderabad (Respondents 41.o 14 arc not necessary parties to the revision pet tion) ...RESPONDENTS/RESPONDENTS/DEFENDANTS lA NO: 1 OF 2024 Petition under Section 15 1 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 in pursuance of the orders dated 06.08.2024 irt lA No 352 of 2024 in OS NO a0 of 2O21 on the file of ll Additional District and Sessions Judge, Sanga Reddy until the disposal of this Civil Revision Petition. lA NO: 2 OF 2024

1. Mr A.Raju Goud, S/o Late Sri Athmakur Ananth Ram Goud, Aged 70 years, Occ Engineer (Retd), R/o H NO - 2-5-173 , Srinivas Mahal Theatre (ARG Estate) , Rachannapet,Zaheerabad, Sanga Reddy Dist , Telangrana

2. Mr A.Tulasi Das, S/o Late Sri Athmakur Ananth Ram Goud, Aged 60 years, Occ Business, Rl/o. H NO - 2-5-173, Srinivas Mahal Theatre (AtlG Estate) ,Rachannapet, Zaheerabad, Sanga Reddy Dist, Telangana

3. Mr A.Vallab Das, S/o Late Sri Athmakur Ananth Ram Goud, Aged 65 years, Occ Builder and Developer, R/o. H NO - 8-2-316171A, Road no 14, Banjara Hills, Hyderabad - 500034 , Telangana AND ...PETITIONERS/RESPONDENTS 2, 3, 4

1. Mrs. L.N. Premila, Wo Late L.Narayan Goud & D/o Late Sri Athmakur Ananth Ram, Aged 69 years, Occ: Housewife, RJo Flat no - 201, Cheta'r Raj Classic Apts, Behind Agrawala Sweets, Adjacent Keshav Memorial High School, HimayatNagar, Hyderabad - 5OOO29, Tetangana 2. Mr. A.Ramakrishna Goud, S/o Late Sri Athmakur Ananth Ram Goud, Aged g2 years,Occ Business, R/o. H NO - 2-5-173, Srinivas Mahal Theatre (ARG - E_state) , Rachannapet,Zaheerabad , Sanga Reddy Dist, Telangana. 3. Mrs. L. R . Saroja, W/o Late L.Rangan Goud D/o Late Sri Athm;kur Ananth Ram Goud, Aged 80 years, Occ House wife, R/o. H NO -3-4-B71lBtSO2 , Barkatpura , Hyderabad - SO002l , Telangana [died]

4. Mrs Sanem Anuradha,, Wio Sri Sanem Anjaneyulu Goud D/o Late Sri Athmakur Ananth Ram Goud, Aged 55 years, Occ: Housewife, R/o. Behind Kavadi Guda Police Staion, Kavadi Guda, Hyderabad - 500080, Telangana 5. Mr Atmakur Akash Goud, S/o Mr A.Vallab Das,. aged 33 years,Occ. Buiiness Rr/o. H NO - 8-2-316171A, Road no 14, Banjara Hiils , Hyderabad _ 500034 , Telangana 6. Mr Hohammed Salian Qureshi,, S/o Mohd Kaseem eureshi, Aged 36 years, Occ. Busniess, R/o H.No.1-3-1 1 8t2, Khan Street, Zaheerabad, Sanga-Reddy Dist -502220

7. Mr. Shaikhan, S/o. Late Shaik Saleh, Aged 75 years, Occ. Business Rl/o. H. No. 5-6-261/4, New Aghapura, Hyderabad

8. Mr. Mohammed Abdul Baseer, S/o. Late Mohammed Abdul Sattar, Aged 73 years, Occ. Business Rl/o. H. No..8-1-211134, Suryanagar Colony, Tolichowki Hyderabad

9. Mr. Syed Ziauddin, S/o. Late S. K. Yousufuddin, aged 67, years, Occ. Business No. 8-1-523147, Brindavanam Colony, Tolichowki, Hyderabad 10. Mr. Elyas Khan, S/o. Mr_ Hafeez Khan, Aged 66, Occ. Business Rt/o. 5-6- 261l4, New Aghapura, Hyderabad

11.Mr. Syed Mohammed Ali, S/o. Mr. Syed Asif Ati, Aged 55, years, Occ. Business No. 8-1 -523h 02, Brindavanam Colony, Tolichowki, Hyderabad '12. Mr. Shaik Salam, S/o. Mr. Shaikhan, Aged 47 years, Occ. Business Rt/o. H. No. 5-6-26'l/4, Bait-Al-Bawazeer, New Aghapura, Hyderabad ... RESPONDENTSPETITIONER/RESPONDENTS (Respondents 2 to 12 are not necessary party) 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 vacate the order dated 23-09-2024 in tA NO. 1 of 2024 in CRp No. 2969 of 2024 in the interest of justice. Counsel for the Petitioner: SRI G. T|RUPATHI REDDY Counsel for the Respondent Nos.2 and 3: M/s. PRATHUSHA BOPPANA The Court made the following: ORDER a HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY eryIL REVISION PETITION No.2 969 of2024 ORDER: This Cir il Revision Petition is hled .assdiling the order and decree, dated 06.08.2024 in I.A.No.352 of 2024 in O.S.No.8,l of 2021, passed by the leamed II Additional District and Sessions Judge, Sanga Reddy.

2. The petrtioner herein is plaintiff and respondent Nos. 1 to 3 are defendant Nos 1, 2 and 4 and respondent Nos.4 to 14 are other defendants in the suit. It is stated that respondent Nos.4 to t4 are not necessary parties. For convenience, the parties hereinafter are referred to as they are arrayed in the suit.

3. Initially, O.S.No.80 of 2021 was filed by the plaintilf against the defendants for partition and separate possession of the suit schedule propcq,. In the said suit, I.A.No.352 of 2024 war; filed by defendant Nos, 1, 2 and 4 on28.02.2024 tnder Order XVIII R-ule 16 of Civil Procedute Code seeking permission to lead the evrdence of attesting witness, namely, Shiva Kumar, to the Will deed, ahead of / / II 2 LNA, J CRP No.2969 of2024 evidence of plaintiff, to prove the Will deed executed by late Shyamamma, and the same was allowed vide order, dated 06.08.2024 Aggrieved by the same, the plaintiff filed the present Civil Revision Petition.

4. Learned counsel for the petitioner/plaintiff would submit that while the said I.A.No.352 of 2024 in O.S No 80 of 2021 was pending for adjudication, respondent No.5 expired on 01.06.2024 and the petitioner herein filed a memo to that effect in the trial court on

28.06.2024. Leamed counsel for the plaintiff further submitted that l ;] despite filing of memo by the petitioner on 28.06.2024, the respondent Nos.l, 2 and 4 herein did not take steps to bring the legal representatives of the deceased/respondent No.5 on record. Therefore, the impugned order dated 06.08.2024 is not sustainable as the same is passed against a dead person and is liable to be set aside. He fi.uther submitted that most of the parties in the suit are Senior Citizens, aged about 70 years, and therefore, the trial Court may be directed to dispose of the suit within the specified time limit.

5. Leamed counsel for respondent Nos.l to 3 did not dispute the me\o dated 28.06.2024 filed by the petitioner/ptaintiff. He admitted t I 3 LNA,,I CRP No 2969 of2)21 that respondent Nos.l to 3 did not take steps to bring on lecord the legal representatives of the deceased/respondent No.5.

6. It is an undisputed fact that respondent No.5 died on

01.06.2024. The petitioner/plaintiff filed a memo before the trial Court to that eflect on 28.06.2024, however, the respondenrs did not take steps to l;ring on record the legal representatives of deceased respondent No -'i, therefore, LA.No.352 of 2024 is filed agair.Lst a dead person and the trial Court without considering the abor.e appeal proceeded lurrher and allowed the I.A.No.352 of 2024 filed by respondent Nos.l, 2 and 4. Since, the impugned ordet s passed against a dead pcrson, the same is unsustainable and the samr) is liable to be set aside. 1 . Accoldingly, the order under revision is hereby set zr.side and the civil Revisirn Petition is disposed of with a direction t. the trial Court to dispose of O.S.No.8O of 2021 as expeditiously as possible, since, it is ,ep.esented that most of the parties are Senior citizens. However, respondents are at liberty to file an application for bringing on record the legal heirs of deceased respondent No.5 and also fresh :rl ' I ,l a. a 4 LNA, J CRP No.2969 of2024 application under Order XVIII Rule 16 of Civil Procedure Code to lead the evidence. There shall be no order as to costs. Pending miscellaneous applications, if any, shall stand closed. To, SD/.P PADMANABHA REDDY ASSISTANT REGISTRAR /ITRUE COPY// SECTION OFFICER I . The ll Additional 1 . One CC to Sri G 2 . One CC to lvl/s. 3 . Two CD Copies 4 Plp/DL Diskict and Sessions Judge, Sangaredy (with records if any) . Tirupathi Reddy, Advocate [OpUC] Prathusha Boppana, Advocate [OpUC] M- ! \ / HIGH COURT DATED:1910312025 ORDER CRP.No.2969 of 2024 1t E sr4 14: 7 q o O 10 APfl m25 z o * f,i:.s..4;;.r(--O * DISPOSING OF THE C.R.P. q\'t