GANDLA GANGARAM Vs. NARSIMULU

JUDGEMENT

(1.) This Civil Revision Petition, under Article 227 of the Constitution of India, is filed by the petitioners, challenging the docket order, dtd. 3/8/2022, passed in I.A.No.80 of 2022 in A.S.No.5 of 2016, by the I Additional District Judge, Adilabad, whereby, the subject I.A.No.80 of 2022 filed by the petitioners herein under Sec. 148 of Code of Civil Procedure, 1908, read with Sec. 5 of the Limitation Act, 1963, seeking to condone the delay of (982) days in filing the petition to bring the legal representative of the deceased respondent No.1 herein/plaintiff on record, was dismissed.

(2.) I have heard the submissions of Sri S. Surender Reddy, learned counsel representing Sri L. Sandeep, learned counsel for the petitioner Nos.2 to 5 and Sri V. Neelakanta Reddy, learned counsel for respondent Nos.2 to 5/proposed respondents. I have perused the record.

(3.) Initially, respondent No.1 herein/plaintiff filed the subject suit in O.S.No.94 of 2013 before the learned Senior Civil Judge at Adilabad, seeking declaration of title, recovery of possession, mesne profits and costs. The said suit was decreed. Challenging the same, petitioner No.1 herein/defendant filed the subject appeal in A.S.No.5 of 2016 before the Court below. During the pendency of said appeal, the petitioner No.1 herein/defendant died and the petitioner Nos.2 to 5 herein, being the legal representatives of the deceased petitioner No.1 herein, were brought on record. Thereafter, the respondent No.1 herein/plaintiff also died on 3/10/2019 leaving behind his wife and daughters, i.e., respondent Nos.2 to 5 herein as his legal heirs. Therefore, the petitioner Nos.2 to 5 herein filed the subject I.A.No.80 of 2022 before the Court below seeking to condone the delay of (982) days in filing the petition to bring the respondent Nos.2 to 5 herein on record as the legal representatives of the deceased respondent No.1. The said application was dismissed by the Court below vide impugned order, dtd. 3/8/2022. Aggrieved by the same, the petitioner Nos.2 to 5 filed this Civil Revision Petition.