NEMANI ANANTHA PADMANABHAM Vs. NEMANI KRISHNA MAHIRA

JUDGEMENT

(1.) Heard Sri M. Sri Atchyut, learned counsel for the petitioners and perused the material on record.

(2.) The petitioner is the 2nd defendant in O.S.No.33 of 2016 on the file of the learned IV Additional District Judge, Kakinada.

(3.) The plaintiff/1st respondent filed O.S.No.33 of 2016, pending in the Court of the IV Additional District Judge, Kakinada. During pendency of the suit, the 1st defendant therein, namely Nemani Suryanarayana Murthy died on 30/3/2019. The plaintiff filed I.A.No.1265 of 2019 on 12/9/2019 to substitute legal representatives of the deceased 1st defendant, but there was delay and the application was not supported by any application for condonation of delay and for setting aside the abatement. Consequently, I.A.No.1265 of 2019 was rejected by order dtd. 9/9/2022. Challenging the said Order, the plaintiff/1st respondent filed CRP.No.2295 of 2022. During pendency of the said revision, the plaintiff/1st respondent, realizing said mistake, also filed I.A.Nos.915, 916 and 917 of 2023 in the suit to bring on record the legal representatives of the deceased 1st defendant along with the applications for condonation of delay and setting aside the abatement. In view thereof, CRP No.2295 of 2022 was dismissed as infructuous, but with the direction to the learned trial Court to expeditiously dispose of those applications pending in the suit, vide Order dtd. 6/10/2023.