Telangana High Court
R.Anjan Reddy , Anji Reddy Died Per Lrs vs Reddy Venkat Reddy on 16 June, 2025
Author: G.Radha Rani
Bench: G.Radha Rani
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THE HONOURABLE DR.JUSTICE G.RADHA RANI
CIVIL REVISION PETITION No.1004 of 2019
ORDER:
This Civil Revision Petition is filed by the petitioner-plaintiff (died) represented by his legal representatives i.e., petitioner Nos.2 to 6, aggrieved by the order dated 25.10.2018 passed in I.A No.26 of 2017 in O.S No.82 of 2010 by the learned I Additional Senior Civil Judge, (FTC) at Mahabubnagar District.
2. Heard learned counsel for the petitioner.
3. There is no representation by the learned counsel for the respondents.
4. Learned counsel for the petitioner submitted that the petitioner was the plaintiff in the suit. The suit was filed for partition and separate possession of the suit A and B schedule properties. The suit A and B schedule properties were ancestral and joint family properties. The defendant No.5 was one of the sister of the plaintiff. She died on 16.11.2010. The petitioner-plaintiff was an old man having lack of legal knowledge. He did not know the limitation period for filing L.R petition in time, he could not contact his advocate and could not file the L.R petition within time. As such, there was a delay of 2334 days in filing the L.R petition. Learned I Additional Senior Civil Judge, (FTC) at Mahabubnagar District rejected the I.A on the ground that the delay was not satisfactorily explained. The Court below did not notice that the petitioner - 2 plaintiff was a 75 year old man who was not having any legal knowledge and as such, could not file the petition for bringing the legal representatives of the defendant No.5 on record within the limitation period. The Court also failed to observe that the respondents - defendants also filed O.S No.158 of 2008 for declaration and that a transfer O.P was filed to conduct trial clubbing both the suits together. It was just and necessary to bring the legal representatives on record and relied upon the judgment of the Common High Court of Telangana and Andhra Pradesh in Thottempudi Krishna Prasad and another Vs. Anne Srinivasa Rao and others 1 in a batch of CRP's and transfer CMP and prayed to allow the petition.
5. Perused the record.
6. The suit is filed for partition and separate possession by the plaintiff against the defendants. The plaintiff was an old man of 74 years. The defendant No.5, one of the sisters was reported to have been died on 16.11.2010. The plaintiff in I.A No.26 of 2017 stated that due to lack of legal knowledge, he could not inform the death of defendant No.5 to his counsel in time, due to which, the delay occurred.
7. Considering that the partition suit is still pending and the cause of action survives and the suit would not abate completely due to the death of one of the defendants, the trial Court ought to have considered the explanation given by 1 2019 (4) ALD 219 3 the petitioner - plaintiff liberally and ought to have allowed the petition condoning the delay. Generally in partition suits involving family property as the Courts should usually lean towards substantial justice over procedural technicalities, if the rights are common or indivisible, the trial Court ought to have allowed the petition by imposing some costs. The dismissal of the petition by trial Court is considered as erroneous.
8. In the result, the CRP is allowed by setting aside the order dated 25.10.2018 passed in I.A No.26 of 2017 in O.S No.82 of 2010 by the learned I Additional Senior Civil Judge, (FTC) at Mahabubnagar District by condoning the delay of 2334 days in filing the L.R petition for bringing the legal representatives of defendant No.5 on record as respondent Nos.9 to 14 by imposing costs of Rs.2,000/- upon the petitioners-plaintiffs to be paid before the High Court Legal Services Authority within (15) days from the date of receipt of a copy of this order.
Miscellaneous petitions pending, if any, shall stand closed.
____________________ Dr. G.RADHA RANI, J Date: 16.06.2025 dsv.
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THE HONOURABLE DR.JUSTICE G.RADHA RANI CIVIL REVISION PETITION No.1004 of 2019 Date: 16.06.2025 dsv.