LAWS(APH)-2001-11-104

GADAPA RAMANA Vs. DISTRICT COLLECTOR VISAKHAPATNAM

Decided On November 08, 2001
GADAPA RAMANA Appellant
V/S
DISTRICT COLLECTOR, VISAKHAPATNAM Respondents

JUDGEMENT

(1.) Heard Sri Koka Raghava Rao, the learned Counsel representing the revision petitioner and the learned Government Pleader for Arbitration representing the respondent.

(2.) The C.R.P. is filed as against an order dated 23-8-2000 made in S.O.P.No. 5/2000 on the file of Principal Junior Civil Judge at Yellamanchili. The revision petitioner had filed S.O.P.No. 5/2000 on the file of Principal Junior Civil Judge at Yellamanchili under Section 372 of the Indian Succession Act for the purpose of obtaining Succession Certificate. The case of the petitioner is that as per term No. 7 incorporated in the compromise decree made in A.S.No. 1468/82 dated 22-9-95, the petitioner is entitled to obtain a succession certificate and accordingly, the S.O.P.7 stated supra, had been filed. The other factual details may not be necessary for the purpose of disposal of the present C.R.P.

(3.) The Court below purporting to and in exercise of suo motu power had directed the District Collector, Visakhapatnam, to be added as a party under Order I Rule 10(2) of the Code of Civil Procedure to the proceedings. Aggrieved by the said order, the present revision is preferred by the revision petitioner.