N SANKAR REDDY Vs. N RAMI REDDY

JUDGEMENT

(1.) Way back in the year 1998, the sole petitioner herein filed O.S.No.1148 of 1998 in the Court of I Additional Junior Civil Judge, Chittoor against K.Rami Reddy and Sivalinga Reddy, for the relief of declaration of title and perpetual Injunction in respect of the suit schedule property viz., an extent of about half acre of land in different survey numbers of Varathur Village, G.D.Nellore Mandal, Chittoor District.

(2.) During the pendency of the suit, Sivalinga Reddy died and his legal representatives i.e., respondents 3 to 9 herein were brought on record, by filing I.A.No.810 of 2004, which was ordered by the trial Court on 18.08.2004. Rami Reddy is said to have died on 31.07.2001. The petitioner was not aware of that fact. However, he did make an effort to bring the legal representatives of Rami Reddy on record. Since there was delay, he filed I.A.No.341/2003 under Section 5 of Limitation Act. However, that was strongly opposed by the respondents 3 to 9 and the same was dismissed by the trial Court through its order, dated 02.07.2003. Thereafter, respondents 3 to 9 filed I.A.No.523 of 2004 with a prayer to declare that the suit is abated on account of the death of Rami Reddy, the 1st defendant in the suit. That application was ordered on 09.09.2004. A decree was passed to the effect that the suit stood dismissed as abated.

(3.) The petitioner on the one hand filed C.R.P.No.5158 of 2004 against order. dated 09.09.2004 passed in I.A.No.523 of 2004, and on the other hand filed A.S.No.151 of 2005 in the Court of IX Additional District Judge, (Fast Track Court), Chittoor against decree dated 09.09.2004, through which the suit was dismissed. C.R.P.No.5158 of 2004 was allowed on 14.08.2008 directing that it shall be open to parties to agitate the question as to whether the death of Rami Reddy has resulted in abatement of the suit. A.S.No.151 of 2005 was allowed on 28.12.2011, setting aside the decree, dated 09.09.2004. A direction was issued by the lower appellate Court, to the trial Court to take steps as directed by this Court in CRP No.5158 of 2004.