Andhra Pradesh High Court - Amravati
Today When The Matter Is Taken Up For vs Unknown on 18 September, 2024
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MAIN CASE No. A.S.No.623 of 2007
PROCEEDING SHEET
Sl. DATE ORDER OFFICE
No. NOTE
21. 18-09-2024 VGKR, J
I.A.Nos.4, 5 and 6 of 2024
Today when the matter is taken up for
hearing, it was pleaded by the petitioners/legal
representatives of the deceased 1st respondent
(plaintiff) that, the 1st respondent died suddenly
on 10.08.2021, at Narayana Hospital, Nellore,
while undergoing treatment for brain stroke, the
2nd petitioner herein performed the obsequies of
his father and the father of the petitioners
executed his last Will and testament dated
01.12.2019, bequeathing the suit schedule
property in favour of the petitioners by name of
Vemireddy Madhavi and Vemireddy Balakrishna,
herein who are the legal representatives of the
deceased 1st respondent. The respondents
contend that the said Will is not a genuine Will
and genuineness of the Will has to be decided.
The plaintiff i.e., respondent No.1 in
O.S.No.228 of 2006 by name Vemireddy
Chandra Mohan Reddy, filed a suit for
declaration of title and also for a consequential
relief of permanent injunction, restraining the
defendants and their men from alienating the
plaint schedule land and also for cancellation of
Registered Sale Deed dated 22.02.2006,
executed by D3 to D6 in favour of D1 and D2.
After completion of trial, the learned
I Additional Senior Civil Judge, Nellore, decreed
that suit vide it's judgment dated 08.10.2007.
The petitioners in I.A.Nos.4 to 6, filed the
petitions under Order XXII Rule 9 of C.P.C. read
with Section 151 of Civil Procedure Code, to
come on record as legal representatives of the
sole plaintiff by virtue of the alleged
un-registered Will dated 08.10.2007, said to
have been executed by the plaintiff i.e., the 1st
respondent in the suit. The respondents
severely contended that the alleged Will is not a
genuine one.
As such, there is now a dispute as to who
are the legal heirs to late Sri Vemireddy
Chandra Mohan Reddy/respondent in the
appeal. As this is a question that needs to be
determined in accordance with the provisions of
Order XXII Rule 5 of Civil Procedure Code.
Therefore, it would be an appropriate to issue
the following directions in terms of proviso of
the said rule:-
The I Additional Senior Civil Judge,
Nellore, is to try the issue as to who are the
legal heirs of Sri Vemireddy Chandra Mohan
Reddy, after conducting the enquiry in the
matter and to return the records together with
the evidence if any recorded, at such enquiry,
his findings and reasons therefore, within a
period of two (2) months from the date of
receipt of a copy of this order.
Registry is directed to take necessary
steps for forwarding the relevant papers along
with the Will said to have been executed by Sri
Vemireddy Chandra Mohan Reddy, dated
01.12.2019, which was filed along with Memo
dated 18.09.2024 before the Registry.
_______
VGKR, J
List the matter after eight (8) weeks.
_______
VGKR, J
CVD
