CHINNI LAKSHMI RAJYAM Vs. ANUMALASETTY SREEMANNARAYANA

JUDGEMENT

(1.) This civil revision petition is filed under Article 227 of the Constitution of India, against the order dtd. 8/11/2021 rejecting the unnumbered petition in C.F. No.1972 of 2021 in O.S. No.124 of 2018 on the file of the Court of the Principal District Judge, Nellore, SPSR Nellore District, filed under Sec. 151 of the Code of Civil Procedure, 1908 ('CPC') to pass the revised or additional preliminary decree by way of amendment of preliminary decree dtd. 17/3/2020 in the suit by allotting half share to the petitioner/ plaintiff and half share to the 2nd respondent/ 2nd defendant out of the plaint-A schedule property and to put the petitioner/ plaintiff in possession of such half share allotted to her and to put the 2nd respondent/ 2nd defendant in possession of his half share allotted to him out of the plaint-A schedule property.

(2.) The parties will hereinafter be referred to as they were arrayed in the petition.

(3.) The petitioner/ plaintiff contends that the 1st respondent/ 1st defendant died leaving the petitioner/ plaintiff and the 2nd respondent/ 2nd defendant as his legal heirs and except them there is no other legal heir, as the 1st respondent/ 1st defendant died issue less and his wife predeceased him. Initially, the petition filed by the petitioner/ plaintiff seeking an additional preliminary decree or an amendment to the preliminary decree was returned on 31/3/2021 with the objection "lack of / proof of L.Rs. of the 1st respondent to be filed". After the petitioner resubmitted the petition answering the objection that the 1st respondent/ 1st defendant died intestate on 11/6/2020 leaving the petitioner/ plaintiff and the 2nd respondent/ 2nd defendant as his sole legal heirs, as his wife Anumalasetty Lakshmi pre-deceased him issueless on 17/9/2018. However, on 8/11/2021 the trial court rejected the petition with the following observations: