LAWS(APH)-2006-4-16

ACHAMMA Vs. D VENKATAPPA

Decided On April 19, 2006
ACHAMMA (SINCE DIED) BY L.RS. Appellant
V/S
D.VENKATAPPA Respondents

JUDGEMENT

(1.) This civil revision petition is filed against the docket order, dated 4-7-2005, passed by the Court of the Junior Civil Judge, Penukonda in I.A.No.417of 2003 inO.S.No.239 of 2000.

(2.) The respondents filed the suit for partition against one Achamma, the sole defendant in the suit. They filed l.A. No.417of 2003 to bring the petitioners herein as legal representatives of the deceased Achamma. In the affidavit filed in support of the I.A., they pleaded that Achamma died on 28-3-2003 and that except the petitioners herein, there are no other legal representatives of late Achamma. The petitioners filed counter-affidavit stating that the husband of Achamma and her daughter are very much alive. It was also pleaded that the application was filed long afterthe death of Achamma, without filing an application to set aside the abatement. The trial Court ordered the I.A.

(3.) Heard the learned counsel for the petitioners and the learned counsel for the respondents.