CRP/1979/2021 of Konda Latchaiah Vs Konda Venkata Narayana , Venkanna (died) on 29 December 2023

IN THE HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD

FRIDAY, THE TWENTY NINTH DAY OF DECET\,BER.,TWO THOUSAND AND TWENTY THREE

PRESENT

THE HON'BLE SMT. JUSTICE K. SUJANA

CIVIL REVISION PETITION Nos : 1979 198 1 & 1982 ot 2O21

Civil Revision PetitionNo.1979 of 2021

Petition Under Afticle 227 of Constitution of lndia against the order dated2O-1O-2O21 in l.A.No.4 of 2021 in O.S.No.55 of 2013 on the fite of the Court of theSpecial Judge for trial of Cases Under SCsiSTs (pOA) Act-cum-Vll AdditionatSpecial Judge for trial of Cases Under SCsiSTs (pOA) Act-cum-Vll AdditionatDistrict and Sessions Judge at Khammam.

Between:

Konda Latchaiah, S/o. Late Sangaiah,Age: 78 years, Ocr:RetiredSuperintendent ln Ztlla Parishad, Rl/o. HNo. 4-27715, SrinivasaNagar,Khammam City, Khammam District.

...Petitioner/Plaintiff

AND

2. Konda Appamma @ Chandrakala, Age: 59 years, Rl/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 Ryo.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 pleased tothe affidavit filed in support of the petition, the High Court may be pleased toSUSPEND the Order dated 20-10-2021 passed in lA No. 4 of 2021 in O.S_ No. 55of 2013 on the file of court of the Special Judge for Trial of Cases under SCsiSTsof 2013 on the file of court of the Special Judge for Trial of Cases under SCsiSTs(POA) Act-cum-Vll Additional District and Sessions Judge at Khammam, pendingdisposal of the main CRP.disposal of the main CRP.

Petition under section 151 cpc praying that in the circumstances stated inthe affid.avit fired in support of the peiitio;, inu Hign court may oe preaslJ io:'Frl !!. [interim suspension ][order ][dated ][24-12-2oit ][passed ]in-tn ruo_t or zbziin CRP No. 1979 of 2021 until further orders in the int,erest of justice.

Counsel for the Petitioner: SRt SyAM SUNDAR KONDAPALLI

Counsel for the Respondents: None Appeared

Civil Revision PetitionNo.lg81 of 2O21

Petition Under Anicle 22r of 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 for20-10-2021 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-Vfi Additaonar District and SessionsJudge at Khammam.Judge at Khammam.

Between:

[onOq [Latchaiah, ][Sio. Late ][Sangarah,]Age:78 years, Occ:RetiredSuperintendent ln Zt a parishad, fr/o.H No.4-27715, SrinivasaKhammam City, Khammam District_Nagar,...Petitioner/Plaintiff

AND

2. Konda A-ppamma @ Chandrak?la, Age: 59 years, Rl/o. H No. 3_3-67 GandhiNagar, Khammam Town and District."Nagar, Khammam Town and District."

3. Konda Goutham. H No. 3-367, Gandhi S/o. Late V.enkanarayana @ Venkanna, Na ga r. Xtrammarir' towi anid' b]stnctAge: 1O years Rl/o.H No. 3-367, Gandhi S/o. Late V.enkanarayana @ Venkanna, Na ga r. Xtrammarir' towi anid' b]stnctAge: 1O years Rl/o.

(Represented by its Natural Guardian Mother)

...Respondents/proposed LRs

IA NOi 1OF 2021

Petition under Section,15,l CpC praying that in the circumstances stated inan the affidavit fited order by Restoring in support the of suir the petition, o.s.No.ss ot in" Hifi io'ts Corrt in ,n"y irs originar be pleased to p.riiili-ivpassSCs/srs No.55 suspending the Docket of (PoA) Act-cum-vil 2013 on rhe rile or order Addirionar court of dated 20-10-2021 th. or.ii.t sp"riJ;;;" ,^Jslssions pr.rlo ,n i.i IA iiirr'oi'6"L, Judge at Khammam,No.4 0f 2021 in i,;';1.o.s.pending disposal of the main CRp.

Petition under Section 151 cpc praying that in the circumstances stated inthe affidavit fired in support of the petition, itre High court may oe preaseJ ioextend the interim suspension order dated 24-12-2o2 i passed iniA No.t of 2oztin cRP No. 1981 of 2021 untir further orders in the interest of justice.

Counsel for the Petitioner: SRt SyAM SUNDAR KONDAPALLI

Counsel for the Respondents: None Appeared

Civil Revision PetitionNo.1982 ot 2O21

Petition under Articre 22r of constitution of lndia against the order dated2o-1o-2o21 in I.A.No.3 of 2021 in o.S.No.ss of 2013 on the file of the court of theSpecial Judge for trial of cases Under SCs/srs (poA) AcGcum-Vll AdditionalSpecial Judge for trial of cases Under SCs/srs (poA) AcGcum-Vll AdditionalDistrict and Sessions Judge at Khammam.

Between:

Konda Latchaiah, S/o. Late Sangaiah,Age:7a years, Occ:RetiredSuperintendent ln Zilla Parishad, fuo. ftNo.4-27715, SrinivasaNagar,Khammam City, Khammam District_...Petitioner/Plaintiff

AND

2. K.onda Appamma @ Chandrakala, Age: 59 years, Rl/o. H No.3-3_67 GandhiNagar, Khammam Town and District.Nagar, Khammam Town and District.

3. Konda Goutham, S/o, Late V.enkanarayana @ Venkanna, Age: 10 years Rl/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

1A NO: 1 OF 2021

Petition under Section 151 cpc praying that in the circumstances stated inthe_affidavit filed in support of the petition, irre uigrr court may be pleaseJ tosusPEND the Order dated 20-10-2021 passed in tR wo. 3 0t 20it in d.s. rvo. ssof 2013 on the file of court of the Special Judge for Trial of cases under SCs/srs(POA) Act-cum-vl! Addational District and Sessions Judge at Khammam, punoingdisposal of the main CRP_susPEND the Order dated 20-10-2021 passed in tR wo. 3 0t 20it in d.s. rvo. ssof 2013 on the file of court of the Special Judge for Trial of cases under SCs/srs(POA) Act-cum-vl! Addational District and Sessions Judge at Khammam, punoingdisposal of the main CRP_

IANO:1OF2022

Petition under section 151 cpc praying that in the circumstances stated inthe affid.avit filed in support of the peiitio;, Ih. Higt, Court may oe pfeaseJ iog*t^ull !!" interim suspension order dated 24-12-2011 passed inin ruo r or zozrg*t^ull !!" interim suspension order dated 24-12-2011 passed inin ruo r or zozrin CRP No. 19a2 ot 2021 until further orders in the interest of justice.

Counsel for the Petitioner: SRI SYAM SUNDAR KONDAPALLT

The Court made the following: COMMON ORDER

THE HONOURABLE SMT. JUSTICE K. SUJANACTVIL REVISION PETITION Nos.19791981 & L9E2 of2O2lCOMMON ORDER:

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

20. lO.2O2l passed in I.A.No.4 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 and SessionsJudge, Khammam.

2. C.R.P.No.1981 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 2O2l arises out of order dated2O.LO.2O2| passed in I.A.No.3 of 2O2t in O.S.No.SS of 2OI3by the learned Special Judge for Trial of Cases underSCs/STs (POA) Act-cum-VII Additional District and SessionsJudge, Khammam.

4. O.S.No.55 of 2013 is filed by the petitioner/plaintiffunder Section 26 read with Order VII Rule I of CPC seekingpartition and separate possession.

5. I.A.No.3 of 2O2l is frled by the petitioner/plaintiff underRule 28 read with 151 of C.P.C seeking to permit thepetitioner to take necessary consequential judgments in theplaint.

6. I.A.No.4 of 2O2I is flled by the petitioner/plaintiff under Order XXII Rule 4 (5) read with 151 of C.P.C. seeking to setaside the abatement in O.S.No.55 of 20 13.

7 . The facts of the case are that defendaltNo.l/respondent No.1 died on 29.O7.2O2O during Covid-19No.l/respondent No.1 died on 29.O7.2O2O during Covid-19Pandemic. To that effect, petitioner/ plaintiff hled memoinforming about the death of the sole defendant on09.o4.202t.09.o4.202t.

8. On the other hand, respondents/ proposeci irgalRepresentatives filed counter affidavit stating petitioner hasfailed to explain that the proposed parties are necessary toimplead as 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'-r to harass the L.Rs only he filed the petition, inspite ofknowing 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 29.07.2O2O and he was not explained dayto day delay and there are no sufficient reasons for not frlingthe petition. Aggrieved by the same, the present CivilRevision Petition is hled.

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

11. Having regard to the submissions made by learnedcounsel for the petitioner and having gone through thematerial available on record, it shor,r.s that the defendalt inO.S.No.SS of 2013 died on 29.O7-2O2O and the counsel forthe L.Rs frled memo informing the death of the deceased onO9.O4.2O21 under Order XXII Rule 4(5) read w"ith 151 CPC.Order XXII Rule 4 (5) of CPC says that counsel has to informthe Court about the death of the party and the limitationstarts from the date of informing the Court by the counsel,whereas, the trial Court erroneously observed that he know ))

about the death of the decease d, on 29.O7.2O2O. E;venotherwise, since the surge of Covid- 19 pandemic, the Hon,bleSupreme Court excluded the period from 15.O3.2020 titl28.O2.2O22 for computing the 1imitation in filingpetitions/applications/ suits/appeals all other quasiproceedings under the general law of limitation and otherspecial laws. Therefore, the order of trial Court is liable to beset aside.

12. Accordingly, these Civil Revision petitions are allowedsetting aside the orders dated 2O.01.2021 in 1.A.3 of 2021,I.A.No.4 of 2O2l in/and O.S.No.SS of 2Ol3 passed bJ, thelearned Special .Iudge for Trial of Cases under SCs/STs (pOA)Act-cuirr-Vll Additional District and Sessions Judge,Khammam. There shall be no order as to costs.

As a sequel, miscellaneous petitions, pending if arry,sha-ll stand closed.

SD/. G. SIREESHAASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,1 ]lg Special Judge for trial of Cases Under SCs/STs (pOA) Act_cum-VilAdditional District and Sessions Judge at Khammam.1 ]lg Special Judge for trial of Cases Under SCs/STs (pOA) Act_cum-VilAdditional District and Sessions Judge at Khammam.2. One CC to SRt SYAM SUNDAR XOruOepnr_it, Advocate 3. Two CD CopiestOpUCl3. Two CD CopiestOpUCl iDkarn/JAK

HIGH COURT

DATED:2911212023

oF [TE]L4ej5\N"I..{.ooLLCOMMON ORDERI")s,-CRP.Nos.1979, 1981 & 1982 oH*

THESE CIVIL REVISIONPETITIONS ARE ALLOWED

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