KARI NOOKANNA Vs. KARI ADIBABU

JUDGEMENT

(1.) Transposition of some of the respondents in the counter claim who are the plaintiffs in the main suit for partition, on the death of the sole counter claimant/1st defendant has come up for consideration in this revision petition.

(2.) This revision petition is filed under Article 227 of the Constitution of India against the order dtd. 22/4/2022 in I.A.No.521 of 2021 in (counter claim) O.S.No.323 of 2011 on the file of the Court of II Additional District Judge, Visakhapatnam filed under Order 23 Rule 1A, Order 1 Rule 10, Order 22, Rule 3 and Order 6 Rule 17 r/w Sec. 151 CPC and Rule 28 of Civil Rules of Practice to permit respondents no.1 to 4 in the claim petition i.e. the petitioners no.2 to 5 herein to amend the claim petition being the legal heirs of their father the original claim petitioner/D-1 in suit for transposing them as claimants 2 to 5 as their father died on 03 04.2021 pending the adjudication of the suit and the counter claim and further to permit the petitioners to carry out the consequential following amendments:

(3.) The 1st petitioner is the 1st defendant in the suit filed for partition by the petitioners 2 to 5. They are the plaintiffs no.1 to 4. The respondents no.1 to 3 herein are D-2 to D-4. The respondents no.4 to 6 are D-5 to D-7.