LAWS(APH)-2004-6-62

GURRAM SATYASESHAAMBA Vs. GURRAM KRISHNAVENAMMA

Decided On June 18, 2004
GURRAM SATYASESHAMAMBA GURRAM SATYA SANTAMANI Appellant
V/S
GURRAM KRISHNAVENAMMA (SINCE DIED) REP. BY HER LEGAL REPRESENTATIVES Respondents

JUDGEMENT

(1.) One of us (P.S. Narayana, J.) in C.R.P. No. 4976 of 2003 by an order dt. 20-10-2003 referred the following questions to be decided by an appropriate Division Bench in view of the general importance of the questions involved in the matter which are as hereunder:

(2.) The 3rd respondent is one Kurella Satya Kesava Rao, the husband of Kurella Kanakarathnam. The said Kurella Kanakarathnam filed E.A. No. 387 of 1987 in E.P. No. 187 of 1987 in A.T.C. No. 45 of 1983 on the file of Special Officer-cum-Principal District Muncif, Amalapuram to bring her on record as the legal representative of one Gurram Krishnavenamma on the strength of the Will said to have been executed by the said Gurram Krishnavenamma on 17-1-1983. The present revision petitioners-judgment debtors had taken a stand disputing the said Will. The learned Special Officer-cum- Principal District Munsif, Amalapuram dismissed the above said execution application. Aggrieved by the same Kurella Kanakaratnam preferred A.T.A. No. 9 of 1997 on the file of Appellate Authority-the District Judge, East Godavari, Rajahmundry and the said Kurella Kanakaratnam died pending the appeal. Therefore the said Kurella Satya Kesava Rao was added as legal representative of the deceased Kurella Kanakaratnam as per orders in I.A. No. 2117/99 dated 20-10-2000. The present revision is filed against the order in A.T.A. No. 9/97 on the file of the District Judge, Rajahmundry dated 30-12-2000. Facts in C.R.P. No. 3773/2003 and C.C. No. 620/2003:

(3.) The Revision Petitioner filed C.R.P. No. 693/2003 under Section 115 of the Code assailing the correctness of the order dated 3-1-2003 made in C.M.A. No. 124/2002 on the file of I Additional District Judge, Ranga Reddy confirming the order dated 4-7-2002 made in I.A. No. 1713/2002 in O.S. No. 654/ 2002 on the file of Principal Junior Civil Judge, Hyderabad East and North, Ranga Reddy District and the said Civil Revision Petition was dismissed giving liberty to file a Civil Revision Petition under Article 227 of the Constitution of India. Hence the present Civil Revision Petition was filed under Article 227 of the Constitution of India on 4-9-2003. Status-quo was granted with a direction to post the matter along with C.C.No.620/2003. On 2-5-2003 Notice Before Admission was issued in C.C. No. 620/2003. In the said Contempt Case, willful violation and deliberate disobedience of the order dated 20-2-2003 made in C.M.P. No. 3187/2003 in C.R.P. No. 693/2003 had been complained. The said order no longer survives in view of the fact that the Civil Revision Petition itself was ultimately dismissed.