NADIMIPALLE RAMCHANDRA REDDY Vs. SHAIK SATTAR SAHEB

JUDGEMENT

(1.) This Civil Revision Petition is filed under Article 227 of Constitution of India against the order dated 09-10- 2020 dismissing I.A.No.25 of 2020 in O.S.No.85 of 2013 on the file of the Court of XI Additional District Judge, Piler filed under Order XXIII Rules 1 and 2, Sec. 151 CPC seeking permission for withdrawal of the suit with an opportunity to file fresh suit on future cause of action which may arise in connection with the suit schedule property.

(2.) The petitioner filed the suit for declaration of the possessory title of the plaintiff to the plaint schedule property i.e., Ac.01-73 cents out to Ac.05-73 cents in survey No.211 of Dodipalle village, Piler Mandal, Piler Sub District of Chittoor District and for consequential permanent injunction against the defendant, his men etc., from interfering with the peaceful possession and enjoyment of the plaint schedule property by the plaintiff and also for direction to the defendant to execute the registered sale deed in favour of the plaintiff and in case, if the defendant fails to execute the same, the Court to execute the same and costs.

(3.) Pending the suit, the sole defendant died on 9/1/2020 (according to the plaintiff), but no steps were taken to bring in the legal representatives of the deceased defendant. However, this petition in I.A.No.25 of 2020 was filed on 9/10/2020. It is pertinent to note that a counter signed by the counsel for the defendant was filed stating that the defendant died on 16/1/2020 pending the suit and it is incorrect to state that the defendant died on 9/1/2020. It is also further stated that the deceased left behind him, his 2nd wife Smt.P.Nagamma and the plaintiff is well aware of the same but suppressed it. It is further stated that the deceased who had exclusive right, title and possession over the suit schedule property executed his last will dtd. 17/4/2014 in a sound state of mind in favour of Smt.P.Nagamma and got it registered in the office of Sub Registrar, Piler vide document No.22 of 2014, Book III and its photostat copy was also included to the counter. Therefore, it is contended in the counter that Smt P.Nagamma is the sole legal heir of the defendant and continuing in possession and enjoyment of the same as absolute owner. Thus, the petition was resisted saying that the plaintiff cannot file this petition to withdraw the suit, but ought to have added the legal heir and the Court cannot permit for such withdrawal of the suit with a permission to file a fresh suit against the dead person.