CRP/1982/2021 of Konda Latchaiah Vs Konda Venkata Narayana , Venkanna (died) and 2 others on 29 December 2023

IN THE HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD

FRIDAY, THE TWENTY NINTH DAY OF DECEMBER.,TWO THOUSAND AND TWENTYTHREE

PRESENT

THE HON'BLE SMT. JUSTICE K. SUJANA

CIVIL REVISION PETITION Nos: 1979 1981 & ['1982 ]of 2021

Civil Revision PetitionNo.1979 ot 2O21

Petition Under Anicle 227 of Constitution of lndia against the order dated2O-1O-2O21 in LA.No.4 o'f 2021 in O.S.No.55 of 2013 on the file of the Court of theSpecial Judge for trial of Cases Under SCs/STs (POA) Act-cum-Vll Additional2O-1O-2O21 in LA.No.4 o'f 2021 in O.S.No.55 of 2013 on the file of the Court of theSpecial Judge for trial of Cases Under SCs/STs (POA) Act-cum-Vll AdditionalDistrict and Sessions Judge at Khammam.

Between:

Konda Latchaiah, S/o. Late Sangaiah, Age78 years, Occ:RetiredSuperintendent ln Zllla Parishad, R/o. H No.4-27715, SrinivasaNagar,Khammam City, Khammam District.

...Petitioner/Plaintiff

AND

2. Konda Appamma @ Chandrakala, Age: 59 years, Rt/o. H No.3-3-67 GandhiNagar, Khammam Town and District.Nagar, Khammam Town and District.

3. Konda Goutham, S/o. Late Venkanarayana @ Venkanna, Age: 10 years Rt/o.H No. 3-367, Gandhi Nagar, Khammam Town and District.H No. 3-367, Gandhi Nagar, Khammam Town and District.

(Represented by its Natural Guardian Mother)

...Respondents/Proposed LRs

lA NO: 1 OF 2021

Petition under Section 151 CPC praying that in the circumstances stated inthe affidavit filed in support of the petition, the High Court may be pteased toSUSPEND the Order dated 2O-10-2021 passed in lA No. 4 of ZO21 in O.S. No. 55of 2013 on the file of court of the Special Judge for Trial of Cases under SCs/STs(POA) Act-cum-Vll Additional District and Sessions Judge at Khammam, pendingdisposal of the main CRPof 2013 on the file of court of the Special Judge for Trial of Cases under SCs/STs(POA) Act-cum-Vll Additional District and Sessions Judge at Khammam, pendingdisposal of the main CRP

IANO:1OF 2022

the g"t^u!1 affid.avit Petition under t!" irterim filed in suspension support section of 151 order tfre cpc peiition, dated praying 24-12-2oIt in" that iign in the circumstances passed in Court may rA No.1 0f b; ,;LJ stated 2021i;inin CRP No. 1979 of 2021 unlil further orders in the inLrest of justice.

Counsel for.:he Petitioner: SRI SyAM SUNDAR KONDAPALLI

Counsel for the RespoMents: None Appeared Civil Revisiorr PetitionN o.1 981 of 2021

Petiti'rn Under Anide 227 0f constitution of rndia against the order dated20'10-2021 in o.S.No.SS 0f 2013 0n the fire of the court of the speciar Judge fortrial of cases Under SCs/STs (poA) Act-cum-v[ Additionar District and sessionsJudge at Khanmam.

Between:

fondq [Latchaiah, ][S/o. ][Late ][Sangaiah,]Age:78 years, Occ:RetiredSuperinten,jent ln Zilla parishad, (/o.H No.4-27715, SrinivasaKhammam City, Khammam District.Nagar,...Petitioner/Ptaintiff

AND

2' Konda [y'ppamma ]@ chandrakara, Age: 59 ycars, Ri/o. H No. 3-3s7 Gandhi@ chandrakara, Age: 59 ycars, Ri/o. H No. 3-3s7 GandhiNagar, l..hammamTown and District ["]

3. Konda Goutham. S/o. Late V.enkanarayalta @ Venkanna, Age: 10 years R/o.S/o. Late V.enkanarayalta @ Venkanna, Age: 10 years R/o.H No. 3-367, Gandhi Nagar. Khammarir fo*i an-J b-istnct.

(Represented by its ruaturat Guardian t\rother)

... Respondents/proposed LRs

IANO:1 oF 2021

the affidavit fire'r an orde.r by. Petition Restoring rnder in support section-151 the of suit the petition, cpc O.S.No.55 praying inJHigh ot that iOtg court in the circumstances stated rn may be preased to its original position passbvinsuspending the Docket order dared 20-10-2021pi.rlo in rA ru".? scs/srs No'55 of (PoA) 2013 >n Act-cum-vlt Additional the fire o_f _cgurt of *'e oistict spe"ii ana-sessions lroge ror Triar Judge at Khammam,of cases "i'z5ii':;'o;1underpending disposal of the main CRp

Petition under Section 151 cpc praying that in the circumstances stated inthe affidavit filed in support of the petition, the High court may be pleased toextend the interim suspension order dated 24-12-2o21 passed in lA No.1 of 2021in CRP No. 1981 of 2021 until further orders in the interest of justice.

Counsel for the Petitioner: SRI SyAM SUNDAR KONDAPALLI

Counsel for the Respondents: None Appeared Qivil Revision PetitionNo .1982 of 2O21

Petition Under Arricre 22r of constitution of lndia against the order dated2o-1o-2o21 in I.A.No.3 of 2o21 in o.S.No.55 of 2013 on the file of the court of thespecial Judge for trial of cases Under SCs/STs (poA) Act-cum-vll Additionalspecial Judge for trial of cases Under SCs/STs (poA) Act-cum-vll AdditionalDistrict and Sessions Judge at Khammam.

Between:

Konda Latchaiah. S/o_ Late Sangaiah,Age:78 years, Occ:RetiredSuperintendent ln Zllla Parishad, R/o.H No.4-27715, SrinivasaNagar,Khammam City, Khammam District....Petitioner/Plaintiff

AND

2. Konda A-ppamma @ Chandrakala, Age: Sg years, Rl/o. H No. 3-3_67 GandhiNagar, Khammam Town and District.Nagar, Khammam Town and District.

3. Konda Goutham, S/o_ Late Venkanarayqla @ Venkanna, Age: 10 years Rt/oH No. 3-367, Gandhi Nagar, Khammarir Towi and District. [']H No. 3-367, Gandhi Nagar, Khammarir Towi and District. [']

(Represented by its Natural Guardian Mother)

...Respondents/Proposed LRs

Petition under Section 151 cpc praying that in the circumstances stated rnthe_affidavit filed in support of the petition, the High court may be pleased tosusPEND the order dated 2o-10-2021 passed in rANo. s ot 2o2l in d.s. wo. ssof 2013 on the file of court of the Special Judge for Trial of cases under scs/STs(PoA) Act-cum-vl! Additionar District and sessions Judge at Khammam, pendrngsusPEND the order dated 2o-10-2021 passed in rANo. s ot 2o2l in d.s. wo. ssof 2013 on the file of court of the Special Judge for Trial of cases under scs/STs(PoA) Act-cum-vl! Additionar District and sessions Judge at Khammam, pendrngdisposal of the main CRP, lA NO: 1 oF 2022

Petitic n under section 151 cpc praying that in the circumstances stated inthe affid.avit filed in support of the peiitio;, inu Hiln Court may O" pf""rlJ iogxt^elg lhe irrterim suspension order dared 24-12-2oi1 passed in'rA No.1 ot zozlin CRP No. 1982 ot 2021 until further orders in the inLrest of justice.in CRP No. 1982 ot 2021 until further orders in the inLrest of justice.

Counsel for the Petitioner: SRI SyAM SUNDAR KONDAPALLI

Counsel for ihe Respondents: None Appeared The Court m rde the following: COMMON ORDER

THE HONOURABLE SMT. WSTICE K. SUJANACTVIL REVISION PETITION Nos.19791981 & L9a2 of2O2lCOMMON ORDER:

C.R.P.No.1979 of 2O2l arises out of order dated

20. lO.2O2I passed in I.A.No.4 of 2021 in O.S.No.55 of 2O13by the learned Special Judge for Trial of Cases underSCs/STs (POA) Act-cum-VII Additional District and SessionsJudge, Khammam.

2. C.R.P.No.l98l of 2021 arises out of order dated 2O.lO.2O2l passed in O.S.No.SS of 2013 by the learnedSpecial Judge for Trial of Cases under SCs/STs (POA) Act-cum-VII Additional District and Sessions Judge, Khammam.

3. C.R.P.No.1982 of 2021 arises out of order dated

20.1O.2O2I passed in I.A.No.3 of 2O2l in O.S.No.55 of 2013by the learned Special Judge for Trial of Cases underSCs/STs (POA) Act-cum-VII Additional District ald SessionsJudge, Khammam.

4. O.S.No.SS of 2013 is hled by the petitioner/plaintiffunder Section 26 read with Order VII Rule I of CPC seekingpartition and separate possession.

s:t."/

C R.P.Nos.l979, l98l & 1982 of202l

5. I.A. \o.3 of 2O2l is filed by the petitioner/plaintiff underRule 28 read w'ith 151 of C.P,C seeking to permit thepetitione r to take necessary consequentia_l judgments in theplaint.

6. I.A.l'Io.4 of 2O2l is filed by the petitioner/plaintiff under Order XI(II Rule 4 (5) read with 151 of C.P.C. seeking to setaside tht, abatement in O.S.No.55 of 20 13.

7. The facts of the case are that defendantNo.l/respondent No.1 died on 29.OT.2O2O during Covid-19Pandemi :. To that effect, petitioner/ plaintiff filed memoinforminl; about the death of the sole defendant on09.o4.202t

8. On the other hand, respondents/proposed LegaiRepresentatives filed counter afhdavit stating petitioner hasfailed to explain that the proposed parties are necessary toimplead :rs legal heirs as defendants in the suit. petitionerand the deceased respondent are own brothers and thepetitioner has knowledge about the death on 29.O2.2O2Oitself and he also attended all ceremonies of the deceased.Petitioner filed petition after lapse of nine months, for which s,(s'"I

to harass the L.Rs only he f,rled the petition, inspite [of]knowing about the death of the defendant.

9. After hearing on both sides, the trial Court dismissed the petition stating that the plaintiff having knowledge aboutthe defendant on 29.07.2020 and he was not explained dayto day delay and there are no sufficient reasons for not hlingthe petition. Aggrieved by the same, the present CivilRevision Petition is filed.

10. Heard Sri Syam Sundar Kondapalli, learned counsel for the petitioner. Though notice served upon the respondent,none appeared on his behalf.

1 1. Having regard to the submissions made by learned counsel for the petitioner and having gone through thematerial available on record, it shows that the delendant inO.S.No.SS of 2Ol3 died on 29.O7.2O2O and the counsel forttre L.Rs frled memo informing the death of the deceased onO9.O4.2O21 under Order XXII Rule 4(5) read with 151 CPC.Order XXII Rule 4 (5) of CPC says that counsel has [to ]informthe Court about the death o[ the party and the limitationstarts from the date of informing the Court by the [counsel,]whereas, the tria-l Court erroneously observed that he know ))

sKr-/

C.R P.Nos.1979. l98t & t982 of202l

about the death of the decease d, on 29.O2.2O2O. |rtverotherwise, since the surge of Covid- 19 pandemic, the Hon,bleSupreme Court excluded the period from 15.03.2020 till28.O2.2)22 for computing the limitation in filingpetitionr;/ applications/ suits/appeals a.ll other quasiproceed. ngs under the general law of limitation and otherspecial laws. Therefore, Lhe order of trial Court is liable to beset aside.

12. Accordingly, these Civil Revision petitions are allowedsetting aside the orders dated 2O.Ol.2O2l in 1.A.3 of 2021,I.A.No.4 c,f 2021 in/and O.S.No.SS of 20 13 passed bJ, th"learned Special .Iudge for Trial of Cases under SCs/STs (pOA)A-ct-curn-\'Il Additional District and Sessions Judge,Khammarn. There shall be no order as to costs.

As a sequel, miscellaneous

petitions, pending if any,

shall stancl closed.

SD/- G. SIREESHAASSISTANT REGISTRARV

//TRUE COPY//

To, sEcTtoN oFFtcER1 llq specie r Judge for triar of cases Under scs/srs (poA) Act-cum-VilAdditional E,istrict and Sessions Judge at Khammam.2. One CC ro SRt SYAM SUNDAR XOittonpnlii, eovocate 3. Two CD Colriestopucl1 llq specie r Judge for triar of cases Under scs/srs (poA) Act-cum-VilAdditional E,istrict and Sessions Judge at Khammam.2. One CC ro SRt SYAM SUNDAR XOittonpnlii, eovocate 3. Two CD Colriestopucl sEcTtoN oFFtcER

HIGH COUIRT

DATED:2911212023

oF [TE(]4jkr.-N^.fs+oArCOMMON ORDERILL")ICRP.Nos.1979, 1981 & 1982 oH*

THESE CI!'IL REVISIONPETITIONS ARE ALLOWED

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