BURRAMUKKU SUMATHI Vs. BURRAMUKKU SANKARA REDDY

JUDGEMENT

(1.) This civil revision petition, under Article 227 of the Constitution of India, is directed against the order, dtd. 4/8/2021, passed in I.A.No.851 of 2019 in O.S.No.174 of 2011 on the file of the Court of XII Additional District Judge, Vijayawada, filed under Order XXII Rule 2 and Sec. 151 CPC praying to record that the petitioners are the only legal representatives of the deceased 6th respondent/defendant.

(2.) Heard Sri K.S. Bala Sai Teja, learned counsel representing Sri G.Ramachandra Reddy, learned counsel for the revision petitioners/plaintiffs and Mrs. K.V. Vani, learned counsel for respondents/defendant Nos.1, 3, 4 and 5.

(3.) The facts, in brief, are that the plaintiffs filed suit in O.S.No.174 of 2011 seeking partition of plaint schedule properties into five equal shares and for allotment of two such shares to the 1 st plaintiff, one such share to the plaintiffs 2 and 3 and the 1st defendant. The 2nd defendant is added, as he is the purchaser of one of the schedule properties. The defendants 3 and 4 are the children of the 1st defendant through the 5th defendant. The 6th defendant is added as legal representative of the 1st defendant, who died on 6/8/2019 during the pendency of the lis. During her life time, the plaintiffs looked after her well and she resided along with them. The 6th defendant was added in the suit consequent on the death of the 1st defendant, in the capacity of mother of the 1 st defendant, for the purpose of representing the contentions of the 1 st defendant as his legal representative. Thus, the 6 th defendant was only a legal representative of the 1st defendant in the suit and therefore, the rights and liabilities of the legal representatives cannot be adjudicated. During the life time of the 1st defendant, he executed a sale deed in favour of the 2nd defendant in respect of part of one of the item of the plaint schedule property as well as the 1st defendant also executed a registered gift deed in favour of the 3rd defendant in respect of one of the items of the plaint schedule property. As such, defendants 2 and 3 are the legal representatives of the 1st defendant to represent the contentions of the 1st defendant. The 6th defendant on her appearance, assailed with the plaintiffs and after her death, the contentions of the 1st defendant are being continued by defendants 2 and 3 only as the 6th defendant assailed with the plaintiffs.