THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM
CIVIL REVISION PETITION No. 702 OF 2020
O R D E R:
This Civil Revision Petition is filed questioning the order, dated 26.02.2020, passed by the learned Principal Senior Civil Judge, Warangal, dismissing I.A.No.154 of 2020 in O.S.No.300 of 2003 filed for reopening the case for adducing further evidence to prove that the Will is executed by the Senior Paternal Uncle with respect to the suit schedule property.
Learned counsel for the petitioners submits that though there is an averment in the written statement, which was filed as far back as on 03.10.2003, with regard to the Will, the attestors are not alive and whereabouts of their children or any one connected to them are not known, as such, they could not be examined earlier. Now, the petitioners came to be aware of whereabouts of Odela Sadanandam, who is the son of one of the attestors and he had agreed to appear before the Court as a witness. Therefore, he prays for reopening of the suit to record the evidence of the said Odela Sadanandam. He placed reliance on the judgment of the Apex Court in K.K.Velusamy vs. N.Palaanisamy1.
On the other hand, learned counsel for the respondent vehemently opposes the Revision and contends that the conduct of the petitioners is deprecated and on earlier occasion, in relation to a Will of 1985, the attestor was examined and at a belated stage, the 1 (2011) 11 SCC 275 2 CKR,J C.R.P.No.702 of 2020 petitioners had filed this Application only to delay the matter that too at the stage of arguments and in the process of arguments, a contention was raised that the Will cannot be said to be proved as the same was not proved in accordance with law. In the circumstances, learned counsel prays for dismissal of the Civil Revision Petition.
Having perused the written statement filed as far back as on 03.10.2003, this Court finds that a specific plea was taken that the subject property was acquired through Will dated 19.06.1982 in the presence of the witnesses, Gurucharanam and G.Brahmaiah. It may be noted that the explanation offered by the petitioners being plausible and considering the fact that the suit is filed for partition and the petitioners are claiming the property based on a Will, if a fair opportunity is given to them, the matter would attain finality, however, on some terms.
In those circumstances, the order under Revision is set aside and the Civil Revision Petition is allowed with costs of Rs.25,000/- (Rupees Twenty Five Thousand only) payable by the petitioners to the respondent within a period of two weeks from today. Consequently, I.A.No.154 of 2020 stands allowed. It is directed that on the date fixed by the Court, the affidavit in lieu of examination-in-chief of the witness be filed and the cross-examination be completed. It is made clear that reopening of the suit is limited to the extent of examination in relation to the attestor of the Will and on completion of the same, the Court below 3 CKR,J C.R.P.No.702 of 2020 shall hear the matter and pass final orders on merits. The entire exercise be completed within a period of four months from the date of receipt of a copy of this order.
Consequently, miscellaneous applications, if any shall stand closed.
________________________ CHALLA KODANDA RAM, J Dt:05.07.2021 Note: Issue cc in two days.
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