MARELLA SEETHARAVAMMA Vs. MARELLA SRIDHARA BABU

JUDGEMENT

(1.) The 1st respondent filed O.S.No.10 of 2008 in the Court III Additional District Judge (Fast Track Court), Ongole against the petitioners and the 2nd respondent for the relief of declaration to the effect that he is the owner of one-third share in the suit schedule properties and for recovery of possession of the same.

(2.) The background, in brief, is that one Mr.Marella Rattaiah was allotted one-third share of the schedule properties in O.S.No.18 of 1980 in a preliminary decree passed by the Court of Additional Senior Civil Judge, Ongole. He is said to have executed a will, dated 17.01.1996 in favour of the 1st respondent bequeathing his share of the property and died thereafter. On the basis of the will, the 1st respondent filed I.A.Nos.1901 of 2000 and 1902 of 2001 in the final decree proceedings of that suit with a prayer to implead him in the proceedings and for allotment of his share. THE applications were allowed by the Court of Additional Senor Civil Judge, Ongole. THE husband of the 1st petitioner, who was a party to that suit, filed C.R.P.Nos.855 and 857 of 2002 against the orders passed in the I.As. referred to above. THE revisions were allowed by this Court on 03.04.2003 and the orders passed in the I.As. were set aside. It was however left open to the 1st respondent to enforce his rights under the will by instituting a separate suit.

(3.) The 1st respondent opposed the application by filing a counter. It is stated that the suit was filed within the period of limitation and that the plaint cannot be rejected. THE trial Court dismissed the I.A. through order, dated 28.07.2011. Hence, this revision.