NAKIREDDY RAJAVVA Vs. YAPRALA NARASIMHA REDDY

JUDGEMENT

(1.) This is an application filed by the Respondent Nos. 2,3 and 10 in A.S.no.271 of 1997 to recall the judgment and decree dated 05-02-2003 and restore the appeal for adjudication on merits.

(2.) The facts of the case in brief leading to filing of this application are: The 1st respondent herein filed O.S.No.57 of 1987 on the file of Senior Civil Judge, Siddipet, for partition and separate possession of his share in plaint A,B,C, and D schedule properties. The plaintiff in the suit is the son of D-1 Yaprala Balaiah and D-10 Yaprala Annamma and brother of D-2 Nakkireddy Rajavva, D-3 Bollam Laxmi and D16 Sallanam Santhamma. D-15 Sudhakar Reddy is husband of D-3 and son-in-law of D-1 and D-10. D-1 to D-3, D-10, D-15 and D16 filed separate written statements. Pending trial D-1 died, D-2, D-3 and D16 came to be recognized as Legal Representatives of D-1. D-2 and D-3 filed written statement on 27-03-1995 claiming that their father bequeathed his share in the schedule properties in their favour under registered will dated 16-04-1964. D16 filed written statement supporting the claim of the plaintiff. The trial Court framed the following issues:

(3.) The respondents 2,3 and 10 (D-2, D-3 and D-10) in the appeal have filed this instant application to recall the judgment and decree passed on 05-02-2003 and restore A.S.No.271 of 1997 for adjudication on merits. The third defendant has given her sworn affidavit in support of the application. It is averred in the affidavit that D-15 is not empowered to enter into compromise on behalf of D-2, D-3 and D-10. It is further averred that D-15 prayed fraud and misrepresented the facts and got the appeal disposed of in terms of the alleged Fisalnama. It is further averred that the plaintiff in collusion with D-15 has not only played fraud on the petitioners but also misrepresented the facts to the Court and fraudulently obtained the decree-dated 05-02-2003 in A.S.No.271 of 1997.