YEMNAPPA AND ORS. Vs. GANGAVVA AND ORS.

JUDGEMENT

(1.) PETITIONERS aggrieved by the order Annexure -E dated 29.11.2012 passed in FDP. 13/2004 by the Trial Court in allowing IA -4 filed by 2nd respondent under Order 22 Rules 3 and 4 read with Sec. 151 CPC and permitting her to come on record as LR. of deceased 2nd respondent Tondeppa have filed this petition.

(2.) FACTS leading to this petition are as under:

(3.) LEARNED Counsel for the petitioners submits, the Trial Court after allowing I.A. 5 filed by Lakshmawwa and permitting her to come on record as LR of deceased Tondeppa should not have allowed I.A. 4 filed by Hanumawwa to come on record as LR of Tondeppa as the marriage between Hanumawwa and Tondeppa has been dissolved by a decree of divorce. He further submits, although the petitioners while filing objections to the application IA. 4 filed by Hanumawwa have brought to the notice of the Trial Court about the decree of divorce granted between Tondeppa and Hanumavva, the Trial Court has committed an error in allowing I.A. 4 and permitting Hanumawwa to come on record as LR of Tondeppa.