Andhra Pradesh High Court - Amravati
Vadlamudi Srilatha vs G.Padmavathi Died on 25 June, 2024
iN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT!
TUESDAY, THE TWENTY FIFTH DAY OF JUNE,
TWO THOUSAND AND TWENTY FOUR
'PRESENT:
THE HONOURABLE JUSTICE OR V RK KRUPA SAGAR :
APPEAL SUIT NO: 620 OF 2009
Setween:
Vadilamudi Srilathe, D'o. Dharma Rao, aged now about 28 years, Ryo.
Vrayawada,
. Appellant Fialn th?
AND
1. G.Padmavathi (died)
2. G.Aparna, D/o. Garimeila Ramarao, aged about 21 years, Rio.
Prasadampadu Vi Hage, Vilayavada Rural, Vieyawada Mandal, Krishna
District,
.. .Respondents/Defendants
Appeal Under Order 41, rule read with Section 96 of CPC is filed
against the Judgment and Decree passed in O.S.No.718 of 2001 dated 25-08-
2009, of Additional Civil Judge (Senior Division), Vilayawada:
IA NO: 3 OF 208:
Between:
1. Vadiamuci Sriatha, D/o. Dharma Rao (Med)
.PetitionerAppeliant
=. Vaclamudi Srivatsa, S/o V. Oharma Rao, aged about {1 years, Minor
Rep by his Guardian Sri. Vadiamudi Lakshmi Rani, We Dharma Rao,
aged 61 years, r/o 5-8-1, Prasadampadu, Viayawada Rural,
Ramavarappads Krishna District.
..Petitioner/Proposed 2° Appellant as Lr of 1° Appellant
AND
s.Padmavathi (died)
G.Apama, Dfo. Garlmella Ramarao, aged about 27 years, Rio.
Prasadampadu Vilage, Viiayavada Rural, Vilayawaca Mandal, Krishna
Cistnich
Bo
- -Respondenis/Respondents
Petition under Order 22 rule 3 rAv section 151 of CPC is fled praying
that in the circumstances stafed in the affidavit Med in support of the petition,
the High Court may be pleased to permit the petitioner to core on record as
Legal Representatives of the sole Appellant Vadlamud] Srilatha (died) 'e,
Vadlamudi Srivatsa {son} as Appellant No.2 (he is a minor Rep by Ais
Ouardian Smit. Vadiarnuci Lakshmi Rani} in the above AS No.820 of 2008.
pending disposal of AS_.No.920 of 2009, on the file of the High Court.
The pefitian coming on for hearing, upon perusing the Pelion and the
affidavit fled in support thereof? and the order of the High Court order cated
05.08.2015 made herein and upon hearing the arguments of Sn N Pramod,
learned counsel representing Sri Nagam Chandrasekhar Reddy, Advacate for
fhe Petifoner and Sn O.Uday Kumar, leamed counsel representing on
Somisetty Ganesh Babu, learned counse! for respondents, the Court made
the following:
ORDER:
"Heard Sri N.Pramod, learned counsel representing Sri Nagam
Chandrasekhar Reddy, learned counsel for appellant and Sri O.Uday
Kumar, isarned counsel representing Sri Somisstly Ganesh Sabu,
learned counsel for respondents are present and submitted arguments
in continuation.
Sit. Vadlamuci Srilatha is the plaintiff in O.S.No.778 of 2007 before
learned Hi Addi. Senior Civil Judge, Vilsyawada. After due trial the sult
was dismissed.
Agarieved by if, the sole plaintiff preferred this appeal under Order
4{ rule i riw 96 of CPC as per A.5.820 of 2009. During the pendency of
the appeal she died on 15.8.2021. in those circumstances, Sri V.Srivatsa,
aminor being represented by his quardian Smt.V.Lakshid fied LA.No.OS
of 2032 under Order 22 Rule 3 CPC seeking impleadment as legal
representative.
Respondents fied a counter.
Accarding to the counter averments, based an certain false and
fabricated certificates, the legal representative seeks impleadment.
Thus, an enquiry is needed to determine the status of legal
representative.
For the purpose of this enquiry, LA.No.O8 of 2022 be remitted to
the learned Hl-Additional Senior Civil Judge, Viayawada who inturn has
fo permit te perties fo fead necessary evidence In proof af their
respective contentions and thereafter, afer due hearing the learned Ne
Additional Senior Civil Judge, Vilayawada is required to record a finding,
matior may be taken up expediiously in Trial Court on or before
SOLOS. 2024,"
SOLE SHIT T JOSEPH
ASSISTANT REGISTR AR
HTRUE COPY) SECTION OFFicgR
Fe
Ta,
1. The Registrar (Judicial), High Court of AP
z. The Hi Addl, Cai Judge (Senior Division), Viayawada
3. G.Aparna, D/o. Garimella Ramerac R/o. Prasadampadu Vilage,
Vilayavada Rural, Vilayawada Mandal, Krishna District. by RPAD)
One CC to Sri. Nagam Chandrasekhar Reddy, Advocate fOPUC)
One CC to Sri Somisetly Ganesh Babu, Advocate [OPUC]
. Section Officer, AS Section, High Court of AP
One spare copy
ob
ae
HIGH COURT
Or VRKS.J
DATED: 25/06/2024
NOTE: LIST THE MATTER IN THE ( wees OF OCTOBER, 2094
ORDER
DIRECTION
