LAWS(APH)-2024-2-143

AUGUTU PEDDA NAGANNA Vs. B. NAGA RATNAMMA

Decided On February 06, 2024
Augutu Pedda Naganna Appellant
V/S
B. Naga Ratnamma Respondents

JUDGEMENT

(1.) Questioning the order dtd. 30/11/2023 passed by the Additional Senior Civil Judge, Kurnool in I.A.No.446 of 2023 in OS No.256 of 2018 allowing the L.R. application filed under Order XXII Rule 3 of CPC, present civil revision petition is filed by the Legal representatives of the 5th defendant.

(2.) Heard Sri Challa Siva Sankar, learned counsel for the petitioners and Sri Vivekananda Virupaksha, learned counsel for the respondent Nos.2 and 3.

(3.) Brief facts of the case are that, the plaintiff, who is the mother of Respondent Nos.2 and 3 herein, filed a suit against the father of the petitioners herein and five others, for declaration of title and for consequential relief of permanent injunction restraining defendant Nos.1 to 4 from deleting the entries in ROR, pattedar pass books and title deeds with regard to the plaint schedule property. During the pendency of the suit, the sole plaintiff died on 7/5/2023. Thereafter, respondent Nos.2 and 3 herein filed I.A.No.446 of 2023 under Order XXII Rule 3 CPC seeking to implead them as legal representatives of the deceased sole plaintiff. After hearing both sides, the said petition was allowed and respondent Nos.2 and 3 herein were brought on record as plaintiff Nos.2 and 3 as legal representatives of the 1st plaintiff. Aggrieved by the same, present civil revision petition is filed.