Disposed

Konala Padmavathi v. Dwarampudi Kasamma (Died) and 3 Others

Andhra Pradesh HC8 Dec 2021CRP/6125/2017

Case brief

AI extract

What is this about?

In a civil revision petition challenging the impleadment of a son as a legal representative of a deceased plaintiff, the Court disposed of the matter without disturbing the trial court's order. It left open the issue of the Will's validity for future proceedings in the suit.

What did the court decide?

Order of trial court set aside no order passed; issue excluded from this revision and reserved for further proceedings in the suit regarding the Will.

Konala Padmavathi Vs Dwarampudi Kasamma… — Succession and Inheritance | Andhra Pradesh HC (2021)

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THE HONOURABLE SRI JUSTICE R.RAGHUNANDAN RAO CIVIL REVISION PETITION No.6125 of 2017

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ORDER:

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The deceased 1^st respondent in this revision petition has filed O.S.No.244 of 2012 against the petitioner and two other defendants in the Court of the learned I Additional Junior Civil Judge, Tanuku. During the course of said suit, the sole plaintiff passed away and the 2^nd respondent herein sought to implead himself as the legal representative of the deceased sole plaintiff on the ground that he is the son of the deceased sole plaintiff and that a Will had been executed in his favour by the deceased sole plaintiff.

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This application was contested by the defendants on the ground that the Will relied upon by the 2^nd respondent is a fabricated document and that other legal heirs have not been added as parties.

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The trial Court by an order, dated 27.06.2017 allowed the said application. Aggrieved by the said order, the 2^nd defendant has filed the present Civil Revision Petition.

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Sri Sai Gangadhar Chamarthy, learned counsel for the petitioner would submit that the trial Court ought not to have allowed the application without deciding on the validity and genuineness of the Will relied upon by the 2^nd respondent. He submits that the trial Court has allowed the application on the basis of the fact that the 2^nd respondent is the son of the deceased 1^st respondent without going into any of the other issues raised by the petitioner herein and the same requires to be set aside.

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Sri M.R.K.Chakravarthi, learned counsel appearing for the 2^nd respondent would submit that the 2^nd respondent is entitled to be recognised as a legal representative of the deceased 1^st respondent both of account of the Will as well as the fact that he is the son of the deceased 1^st respondent. He would submit that no interference is called for in the said order.

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As it is admitted by both side that the 2^nd respondent is the son of the deceased 1^st respondent, the order of the trial Court cannot be set aside on that ground. However, the petitioner herein had raised a question on the validity and genuineness of the Will relied upon by the 2^nd respondent and that question has not been answered by the trial Court.

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In the circumstances, this Civil Revision Petition is disposed of, without disturbing the order under revision and leaving it open to the petitioner herein to raise such issue as thought necessary in relation to the proof, validity and genuineness of the Will, in further proceedings in the suit and any such objections will be considered by the trial Court. There shall be no order as to costs.

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Consequently, miscellaneous petitions pending, if any, shall stand closed.

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Date : 08.12.2021 SPP

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_________________________ JUSTICE R.RAGHUNANDAN RAO

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THE HONOURABLE SRI JUSTICE R.RAGHUNANDAN RAO

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CIVIL REVISION PETITION No.6125 of 2017

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Date : 08.12.2021

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SPP

Konala Padmavathi v. Dwarampudi Kasamma (Died) and 3 Others

Case brief

What is this about?

What did the court decide?

Konala Padmavathi v. Dwarampudi Kasamma (Died) and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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