High CourtsSingle Bench(2023) 10 AP CK 0007

Nemani Krishna Mahira vs Nemani Suryanarayana Murthy

Andhra Pradesh High Court · Decided on 6 October 2023

HON’BLE JUDGES
B.S. Bhanumathi, J
RESULT
Dismissed
CASE NUMBER
Civil Revision Petition No. 2295 Of 2022

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Judgment

7 paragraphs · 214 words

B.S. Bhanumathi, J

1.

The Civil Revision Petition is filed under Article 227 of Constitution of India, against the order dated 09.09.2022 dismissing the petition in I.A.No.1265 of 2019 in O.S.No.33 of 2016 on the file of IV Additional District Judge’s Court, East Godavari at Kakinada, filed under Order XXII Rule 4 CPC and Order VI Rule 17 CPC to add the legal representatives of the deceased 1st defendant as D8 to D13, since the petition was not filed along with necessary applications such as a petition to condone the delay etc., because the 1st defendant died on 30.03.2019 whereas the petition was filed on 12.09.2019.

2.

Heard Ms Gnanusha, learned counsel for petitioner and Sri M.C.Achut, learned counsel representing for respondents No.2 to 7.

3.

Realizing the mistake, the petitioner filed along with appropriate petitions viz., I.A.Nos.914, 915 and 916 of 2022, a fresh application for the same relief. It is represented that those petitions are pending for adjudication and as such, the revision petition has become infructuous.

4.

Accordingly, the revision petition is dismissed as infructuous and the trial Court is directed to expeditiously dispose of these pending petitions as the suit is an old case.

There shall be no order as to costs.

Pending miscellaneous applications, if any, shall stand closed.