The High Court · 2025

... Petitioners/Petitioners/Plaintiffs in l.A.No.2, 3, 4 of 2025 14,P.Sharath Chandra,, S/o.Late Narsimha Sharma lyjafi R/o.H.No.2-6, Aliabad Village, Shamirpet District. Aged about 24 years, Occ . Mandal, Medchal Malkajgiri

15.P.srivalli,, wg.pqnjay_sharma Aged about 22 years, occ Housewife R/o.H.No.2-6, Aliabad Village, Shamirpet Mandal, Mi:dcnal Malkajgiri District. ,..L.R's of 7th Petitioners/proposed petitioners in l.A.No.2, 3,4 of 202s AND

1. P.Maheshwaram Sharma (Died), Warangal 2. Venkatarama Sharma (Died), Warangal 3. Eari Kanakaiah, s/o.Late seetharam sharma Aged about 60 years, occ . Agriculture R/o.Posanpali Village, Cherial Mandal Warangal tiistrici, T.S.

4. Eari lylaiah (Died), Warangal 5. Jowna Balaiah (Died), Warangal 6. Jowna Komaramma (Died), Warangal 7. Poosa Mallaiah Died, Warangal 8. Poosa Mysaiah (Died), Warangal 9. Poosa Kondaiah,.s/o..Danalah Age-d about 64 years, occ. Agriculture R/o.sakinosanpalli Village, cherial Mandal waiangai Districtlr.s. 10.{owna lylamma,..wo. lylaiah Aged about 64 years, occ. Agriculture t R/o.Posanpali Village, Cherial triiandal Waranlal Distric! T.5.

11.Po.osa Yg$aqir1,.!/o.Kongaiah Aqe_d. Mgjor,_o_cc. Agricutture R/o.posanpali Village, Cherial Mandal Warangal District, T.S.

12. Poosa Kondawa, wo. P.Kondaiah Aged about 73 years, occ .Household R/o. Posanpali Village, Cherial MandilWarangal D-istrict, T.S.

13. Jowna Muttaiah,..s/o. ly_alaiah Aged about 65 years, occ . Household R/o.Posanpali Village, cherial Mandal waranlal Diitrict, T.s.

14.Jowna llaiah, s/o. lyalaiah Aged about 65 years, occ. Household R/o. Posanpali Village, Cherial Mindal Warangil District, T.S.

15.9.Narsimhulu, S/o.Venkatesham Aged about 65 years, R/o.Nagapuri vitlage, cheriar tt/andal warangal riiiirict Occ. Agriculture , T.S.

16. S.Mallaiah, S/o.Agai3l.4.ged about.60 years, Occ. Agriculture R/o. Nagapuri Village, Cherial Mandal W-arangal Distri6t, T.S.

17.M.Devender Reddy, s/9, yadav.ReddyAged alo_ut 5g years, occ. Agricutture R/o. Nagapuri village, cheriar Mandar wirangar Distric[, iS. 18. N.Ravinder Red.dy, s/o. Ir4alla R.edd.y 4ggo about 44 years, occ. Agriculture R/o. NagapuriVillage, cherial Mand'alWarangal District, r.s. -. -s 19. ch.s_athaiah, s/o. Bal Narsaiah lg".d qlout 56 years, occ .Agriculture R/o.Posanpali Village, cheriar Maioat waranga'l oistiict, T.S: 20-9.Mallamma, wo. Mallaiah Aoed.about 51 years, occ. Agriculture R/o. Posanpali Viilage, cheriar trraioat wiiingar oGtiict, f.s. "

21. Q.Rqmani, wo. Krishna Murthv Aged.about 52 years, occ. Agriculture R/o. Nagap u ri Viilage, cheriar tvtan-oii warangrr birtribt, r. s.

22. Nimma Malla Reldy, s/o. N.arsimha.Reddy Aged about 73 years, occ. Agriculture R/o. PosanpaliVillage, Cheriat Ma"noliwliingdr-D,sti.i.t]r.s. 23.Anji Redd.y,.s/o. Mlf, Bgggv Aged-about b3 years, occ. Agricutture R/o. Posanpali Village, cheriar Mlnoil warangar District, T.s. v

24. P.Mamatha, wo. {1ji Be.d.d-y Aged about 45 years, occ . Agriculture R/o. Posanpali vilrage, cheriar MhnoJat warangar bistrict, T.s.

25. s.D.ivya, wo.. soma_Raja Aged about 56 years, occ. Housewife R/o. Kodaverga village, cheiial Mandar wararigar District, T.s. 26. NVeeramani, {{9_.veerqiah Aged about s6 years, occ. Housewife R/o.Kodaverga Village, cheriai-Mandat warJngiibistrict, T:S. - zz [.e[as.t<er, s/o.venkatesham Aqed about 45 years, occ. Agriculture ""' " R/o. c h is u ru m a m id i Vi rage a no ftrino; iwara; s ii -o ir-tili,' t: 3:"

28.J-srinivas, s/o..J.Naray-ana Aged about 53 years, occ. Business R/o. Kukunoorpalti Viilage, Kondaplka Mandat Meda( oiiirict, iel;d; 29. G.venkatesham,-s/o.Yadaiah Aged about 50 years, occ. Business R/o-Gurjakunta Village, cherta Mandal waran'gal Distr.ict, T.s. state. . v9g1s_, occ. Ag ricu ltu re R/o. N aga pu ri . 3 0. It/.. ud ay,-$/o.. Devendar Aged a bout. 5f Village, Cherial MandalW-arangal Distri6t, T.S. 31.V.Narsaiah, s/o. sataiah Aged.about 73 years, occ. Agriculture R/o. Guruvannap-eta Village, cherial Mandal Warangal oistiiCt, iS.- - - Rajala.h Aged about 5g years, occ. Agriculture R/o.Guruvannapeta Vilrage, cheriil Mandal waiangai Districtl iS.-- - 33. B.shobha Rani,.Yo nnniah.Aged about 73 years, occ. Agriculture R/o. -- - ' Guruvannapeta Village, cherial-Mandalwarahgit oistrict, i.s.-

32. Bachala Sai Mallu., Q/.9., p

34. N.surender Red9.y,, s/o.Malla Reddy Aged about 47 years, occ . service R/o.Posanpalli village, cherial Mandal Warangal Distiict, r.s. -,/ 7

35. Bukka Srinivas, S/o. Anjaiah Aged about 51 years, Occ . Business R/o. Malakpet Village, HYderabad.

36. Bukka Narsimhulu, S/o. Anjaiah Aged about 49 years, Occ. Business R/o. [/alakpet Village, HYderabad.

37. Nimma Bapu Reddy, S/o. Malla Reddy Aged about 49 years, Occ. Agriculture R/o. Posanpalli Village, Cherial Mandal Warangal District, T.S.

38. Nalla Pochamma Temple, Rep. by President Gedala Ramulu

39. P.Shylamma, Wo. Venkatarama Sharma Aged about 86 years, Occ . Agriculture R/o.Yadagirigudda Village, Bhuvanagiri Nalgonda District, T.S

40. Eri Guruvaiah, S/o.Late lylaiah Aged about 62 years, Occ. Agriculture R/o.Posanpalli Village, Cherial Mandal Warangal District, T.S.

41.Eri Laxmi, Wo. Late lylaiah Aged about 69 years, Occ. Agriculture R/o.Posanpalli Village, Cherial Mandal Warangal District, T.S.

42. Poosa Rajawa, Wo.Late Poosa Mallaiah Aged about 84 years, Occ . Agriculture R/o. Posanpalli Village, Cherial Mandal Warangal District, T.S.

43. Poosa Kanakaiah, S/o.Late Poosa ttlallaiah Aged about 62 years, Occ. Agriculture R/o.Posanpalli Village, Cherial Mandal Warangal District, T.S.

44. Poosa Yadawa, D/o.Late Poosa Mallaiah Aged about 67 years, Occ. Agriculture R/o. Posanpalli Village, Cherial MandalWarangal District, T.S

45. Poosa Poshawa, D/o. Late Poosa Mallaiah Aged about 57 years, Occ. Agriculture R/o. Posanpalli Village, Cherial Mandal Warangal District, T. S.

46. Poosa Poshavva, Wo. Late Mysaiah Aged about 87 years, Occ . Agriculture R/o.Posanpalli Village, Cherial Mandal Warangal District, T.S.

47. Poosa Laxma, S/o.Late Mysaiah Aged about 57 years, Occ . Agriculture R/o.Posanpalli Village, Cherial Mandal Warangal District, T.S.

48. Poosa Mallesh, S/o.Late Mysaiah -Aged about 52 years,.Occ . Agriculture R/o.Posanpalli Village, Cherial Mandal Warangal District, T.S.

49. Poosa Sreenu, S/o.Late Mysaiah Aged about 50 years, Occ . Agriculture R/o.Posanpalli Village, Cherial Mandal Warangal District, T.S.

50. Erramaina Mallawa, Wo.Yadagiri Aged about 63 years, R/o.Posanphlli Village, Cherial Mandal Warangal District, Occ T.S Agriculture

51. Gonte Ramulawa, Wo.Suresh Aged about 56 yearsy0cc . Agriculture R/o.Posanpalli Village, Cherial Mandal Warangal District, T.S.

52. tvlaku Kanakawa, Wo.Yellaiah Aged about 54 years, Occ . Agriculture R/o.Posanpalli Village, Cherial Mandal Warangal District, T.S.

53.Yerramaina Renuka, Wo.Raju Aged about 47 years, Occ. Agriculture R/o.Posanpalli Village, Cherial Mandal Warangal District, T.S. (Respondents 1 & 2, 4 to 9 and 15 to 53 are not necessary parties to this Revision) ...Respondents/Respondents/Defendants in l.A.N o.2, 3, 4 of 2025 A NO: 2 OF 2025 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 condone the delay of 3107 days to set aside the abatement caused due to the death of 7th Petitioner, pending disposal of the above C.R.P. lA NOi 30F 2025 Petition under Section 151 CPC praying that in the circumstances stated in the dffidavit filed In support of the petition, the High Court may be pleased to set aside the abatement caused due to the delay in bringing the proposed Petitioners 14 and 15 as the LRs of the deceased P. Neeraja Mo. Late Narsimha Sharma as Party Petitioner Nos. 14 and 15 in present CRP. IA NO: 4 OF 2025 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 permit the proposed Petitioners to implead as Legal Heirs of deceased 7th Petitioner in the main Revision Case to come on record as Petitioner Nos.14 and 15, pending disposal of the above C.R.P. IANo:5 OF 2025 Petition under Section 151 CPC praying that in the circumstances pleased to Stay all further Proceedings pursuant to the Order Dated 19.09.2024 passed in 1.A.No.529 ol 2025 in LAC No.213 of 2013 in O.S.No.O4 of 2007 on the file Principal Senior Civil Judge, Siddipet, pending disposal of the CRP. Counsel for the Petitioners: SRl. C HARI PREETH Counsel for the Respondent Nos. 17,24,25,26,27, 28: SRI ASHOK REDDY KANATHALA The Court made the following: COMMON ORDER ) THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI I.A.NOs.2 to 4 of 2O25 IN/AND C.R.P.NO. L4l9 of 2or25 COMMON ORDER: This civil Revision Petition is filed against the order dated L9.O9.2O24 in passed in I.A.No.529 of 2015 in LAC No.213 of 2or3 in o.S.No.O4 of 2oo7 on the file of the princ:ipal Senior Civil Judgc at Siddipet.

2. tlrief flacts leading to the filing of the present civil Revision Petition are that thc p<:titioners are the plaintiffs and the respondents arc del'endants in the suit o.s.No.04 of 2oor. The suit was filed for partition and a preliminary decree was passed in Lhe suit. The suit schedule property consisted of Schedule-A and schedule-B properries. It is submitted that there was no dispute with regard to the Schedule-B property and as rcgar<ls thc Schedule-A property, the matter was settled between the parties and all the parties relinquished their rights towards their respective sharcs o[ the Schedule-A properties in favour of the Petitioner No. i and final decree proceedings were also passed in lavour of the l)etitioncr No.1. Subsequent to the final decree , the nanre of the l)etitioner No.1 r,vas recorded in the 2 revenue records as absolute owner ancl possessor and was enjoying the same. Thereafter, the respondents No.3, 4, 6,7, g, 10, 11, 12, who are not concerned with the schedule-A property ' and who have compromised with the petitioners before the Lok Adalat, have filed I.A.No.2L4 of 2016 under order IX Rule 13 of c.P.c. r/w 151 of c.p.c. for setting aside the fipal decree orders passed on 25.07.2ors and the same was allowed on 2g.oz.2ol7 and the case was re-opened. In the meantimc, it is stated thaL thc Petitioner No.l has sold the schedule-A property to the Petitioner No. l3 under a registered sale decd bearing document No. 12l2l l2org, datcd 2l.l2.2olg, to meet his personal expenses and that the Pe titioner No.13 is presently in possession and enjoyment of the same as rightful owner and he was also impleaded in the suit vide orders in I6A.No.l46 of 2022, dated L3.o4.2o22. Thereafter, the petitioners have filed I.A.No.529 of 2ol5 to pass thc final dccree, which was due to be passed in favour of petitioner No.1, in favour of petitioner No.l3. The respondents/defendants have objected to'the same and therefore, the I.A., was dismissed and challenging the same, the present Civil Revision petition is filed. 3

3. . Learned Senior Counsel appearing for the petitioners submitted that there is no dispute with regard to the Schedule-B property and with regard to the Schedure_A propert5r also, all the parties have rerinquished their rights in favour of thc petitioner No.l and in view of the linal decree passed in fav,ur of the petitioner No.r, he has s,rd away the property in favour of the petitioner No. 13 and ail that he is seeking is to pass a final decree in favour of the petitioner No. r3 instead of tl-re petitioner No.1 to the extent of his share only in view of the registered documcnt executed in favour of the Petitioner No.13.

4. Learned counser for the respondents is arso heard, who vehemcntly opposed the same. However, this Court observes that since this is the case of settlement and there is no challenge to the preliminary decree and it is onry pending for passing or ine finar decree and petitioner No. t has arready divested his right to petitioner No.r3, the application under order XXI Rule 16 of c.p.c. can be allowed and the clecree to be passed in favour of petitioner No.1 to the extent of his share can be passed in favour of petitioner No.l3. I \ \ t 4 x 5' In view of the above, the Triar court is directed to No.1 to the extent pass the finar decree in respect of petitioner of his share only in f,avour of petitioner No.13. 6' No.7 0n record. The I'As'No.2 to 4 cf 2025 are filed to condone the deray in firing the set aside applications for setting aside the orders of abatement causecr due to the death of the petitioner No'7 and arso to bring the LRs of the petitioner The learned counser for the petitioners submitted that it is onry after the firing of this civir Revision pctition, that the petitioner No.7 has died and therefore thesc applications were filect. However, This court is of the opinion that these apprications are to be fired before the Triar court. with riberty to the petitioners to fire such apprications, the I.A.Nos.2 to 4 0f 2025are crosed. Accordingry, this civil Revision petition is alrowed. 7 ' There shall be no order as to costs.

8. Miscellaneous petitions, if any, pending in this Civil Rev.r;ion petition, shall stand clo sed //TRUE COPY// . MOH D.ISMAIL DEPUTY REGISTRAR OFFICER I t, ;l ,i I I I t. ) j I To,

1. The Princioal S.eniot Civil Judge, Siddipet, 2. one CC to Sri g .ri+I;t,, iiro"rte [opUCl i ?ffi 33 to sriAsrrol ffiil xli,;t;;l xd,iIjt" ropucl s. NVB/PSL 1 HIGH COURT DATED:31 10712025 COMMON ORDER lA.Nos.2 to 4 of 2025 In/And CRP.No.1419 of 2025 "l 6( ( l HE sI4 14: ( q J o o 20il0llil6 t o { PATCHEO ALLOWING THE CRP AND lA.Nos.2 to 4 OF 2025 I \o \P