Smt. Arepalli Dhana Lakshmi, Vs Smt. Arepalli Nagamma

SMT. AREPALLI DH A NA LAKSHMI,, W/O.MAREEDU MO U LI, AGED ABOUT 30 YEAR S , D/O.AREPALLI VENKATESWA R A RAO, R/O.D.NO.9-66/2, M A RKET BAZAR, NEAR OLD WAT E R TANK, VUYYURU, KRISHN A DISTRICT.

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...PETITIONER

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AND

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SMT AREPALLI NAG A MMA, W/O. SURYANARAYANA, AG E D ABOUT 81 YEARS, R/O. D.N O .9-66, GAFOOR STREET, VUYYUR U VILLAGE AND MANDAL, KRIS H NA DISTRICT.

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ABUTURAB, S/O.AB Z AR, AGED ABOUT 54 YEARS, R/O. V UYYURU VILLAGE AND MAN D AL, KRISHNA DISTRICT. (RESPONDENT NO.2 IS NOT A NECESSA R Y PARTY)

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...RESPONDENT(S):

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Petition under Article 2 27 of the Constitution of India, prayin g that in the circumstances stated in t h e grounds filed herein,the High Co u rt may be pleased to petitioners beg to present the above CRP in this H o n'ble Court feeling aggrieved by the O rder dt 10-11-2023 in I.A.No. 290 of 2023 in O.S.No.23 of 2022 on th e file of the Court of the Junior Civil Judge at Vuyyuru, Krishna District,

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VS,J CRP No.380 of 2024

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IA NO: 1 OF 2024

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to grant stay of all further proceedings in O.S.No.23 of 2022 on the file of the Court of the Junior Civil Judge at Vuyyuru, Krishna District, pending disposal of the above Revision Petition in this Hon'ble Court and pass

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Counsel for the Petitioner:

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1.SAI GANGADHAR CHAMARTY

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Counsel for the Respondent(S):

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1.K JYOTHI PRASAD

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The Court made the following:

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ORDER:

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The present Civil Revision Petition is filed by the petitioner under Article 227 of the Constitution of India aggrieved by the Order dated 10.11.2023 in I.A.No. 290 of 2023 in O.S.No.23 of 2022 on the file of the Court of the Junior Civil Judge at Vuyyuru, Krishna District, whereby Trial Court allowed the petition filed under Order XXXII Rule 2 of C.P.C under Section 151, by the plaintiff to permit her younger son Arepalli Guruvulu as power of attorney to contest the said suit. .

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For sake of convenience, the parties to the revision are referred as petitioner/ defendant No. 1 and respondent No.1/plaintiff.

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The Respondent No.1 herein has filed the O.S No. 23 of 2022 on the file of Court of Junior Civil Judge, Vuyyuru as against the petitioner/defendant Nos.1 and 2 for partition, in which the respondent No.1/plaintiff herein filed the written statement. In the year 2023, as the respondent No.1/plaintiff, aged about 80 years, filed the petition I.A.No.290/2023 under Order XXXII Rule 2 of Civil Rules of Practice and Section 151 of C.P.C, requesting the court below to permit her to appoint her younger son Arepalli Guruvulu S/o. Suryanarayana, Krishna district to contest the suit basing on the G.P.A.

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The petitioner/defendant No.1 herein has filed counter affidavit duly stating that the petition is not maintainable under law and the present petition has been filed only to harass and deprive the legitimate rights of the defendant No.1.

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In the written statement the petitioner/defendent no.1 has specifically raised the ground that, due to evil intention of the plaintiff i.e., Respondent No.1 herein, influenced by his younger son i.e., Arepalli Guruvulu, after the death of 1^st defendant brother i.e., Arepalli Srinivasa, has taken Hi-Handed chance to grab the property, filed the present suit.

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It is an admitted fact that respondent No.1 herein has filed suit in O.S.NO.23/2022 on the file of Junior Civil Judge at Vuyyuru, Krishna District for partition as against Petitioner/Defendant No.1 and Respondent No.2/ defendant No.2. In the said suit, the petitioner herein has specifically raised that Respondent No.1 herein, influenced by her younger son Arepali Guruvulu after the death of the her brother i.e., Arepalli Srinivasa filed the present suit for wrongful gain. It can also be observed that I.A No. 290 of 2025 was filed by respondent No.1 herein duly requesting the court below to permit her to appoint her younger son Arepalli Guruvulu to contest the case basing on the G.P.A on the ground that, since she is aged about 80 years, she is suffering from different old age problems such as B.P, Nervous weakness, slight deaf and sight and is unable to move from her bed and as such, she intends to depute her younger son Arepalli Guruvulu to contest the case basing on the G.P.A executed in his favour.

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CRP No.380 of 2024

Rule 32 of The Civil rules of Practice deals with party appearing by agent which is as follows:

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(Party appearing by Agent):- a. When a party appears by any agent, other than an advocate, the agent shall, before making of or doing any appearance, application, or act, in or to the court, file in court the power of attorney, or written authority, thereunto authorizing him or a properly authenticated copy thereof together with an affidavit that the said authority still subsisting, or, in the case of agent carrying on a trade or business on behalf of a party, without a written authority, an affidavit stating the residence of his principal, the trade or business carried on by the agent on his behalf and principal, the trade or business carried on by the agent on his behalf and the connection of the same with the subject-matter of the suit, and that no other agent is expressly authorised to make or do such appearance, application, or act.

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b. The Judge may thereupon record in writing that the agent is permitted to appear and act on behalf of the party; and unless and until the said permission is granted, no appearance, application, or act, of the agent shall be recognized by the Court.

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Considering the reasons assigned by the Respondent No.1 herein that, she is aged about 80 years, permitting to appoint her son Arepalli Guruvulu basing on the G.P.A will not cause any prejudice to the petitioner herein.

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In view of the above, this Court finds no wrong on the part of the Trial Court in passing the order dated 10.11.2023 in I.A.No.290 of 2023 in O.S.No.23

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of 2022 and the same need not be interfered with, by exercising the supervisory

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power vested with this Court under Article 227 of Constitution of India.

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