Repaka Bhadramma vs Repaka Ramakrishna Rao
2021 Latest Caselaw 1062 Tel

     THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY
                         AND
       THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER

                        I.A.No.1 OF 2021
                             IN/AND
                   APPEAL SUIT No.130 OF 2019

COMMON ORDER: (Per Hon'ble Dr.SA,J)


       I.A.No.1 of 2021 is filed by the petitioners/appellant Nos.2

to 4/plaintiff Nos.2, 3 and 5 seeking permission to withdraw the

appeal with a liberty to file fresh Suit for partition in view of the

death of appellant No.1/plaintiff No.1.


2.    Heard the learned counsel for both sides and perused the

record.


3.    The learned counsel for the petitioners/appellant Nos.2 to

4/plaintiff   Nos.2,     3   and    5    would   submit    that     the

appellants/plaintiff Nos.1, 2, 3 and 5 preferred this appeal

aggrieved     by   the   judgment    dated    17.09.2018   passed    in

O.S.No.19 of 2014 by the learned VI Additional District Judge,

Khammam, wherein the Court below while dismissing the subject

suit observed that the suit schedule property is not liable for

partition during the life time of appellant No.1/Plaintiff No.1 i.e,

Repaka Bhadramma. It is further submitted that the appellant

No.1/plaintiff No.1 died during pendency of this appeal and

therefore, the petitioners/appellant Nos.2 to 4/plaintiff Nos.2, 3

and 5 seeks permission of the Court to withdraw the appeal with

a liberty to file fresh Suit for partition.
                                        2                           ARR,J & Dr.SA,J
                                                                 A.S.No.130 of 2019




4.    On   the    other   hand,        the     learned     counsel    for     the

respondents/defendant Nos.1 and 2 and plaintiff No.4 opposed

the subject Interlocutory Application and prayed to dismiss the

same.

5. As seen from the material placed on record, the

appellants/plaintiff Nos.1, 2, 3 and 5 and respondent

No.3/plaintiff No.4 filed a suit in O.S.No.19 of 2014 before the VI

Additional District Judge, Khammam, seeking partition and

separate possession of suit schedule property. The said suit was

dismissed by the Court below vide judgment dated 17.09.2018

observing that the suit schedule property is not liable for

partition during the lifetime of appellant No.1/Plaintiff No.1 i.e,

Repaka Bhadramma. Aggrieved by the same, the

appellants/plaintiff Nos.1,2, 3 and 5 preferred this appeal suit.

During the pendency of this appeal, the appellant No.1/plaintiff

No.1 died and therefore, the petitioners/appellant Nos.2 to

4/Plaintiff Nos.2, 3 and 5 filed I.A.No.1 of 2021 seeking

permission of this Court to withdraw the appeal with a liberty to

file fresh Suit for partition. The copy of death certificate dated

27.08.2020 filed before this Court, substantiates the death of

appellant No.1/ plaintiff No.1.

6. In view of the facts and circumstances of the case, the

request of the petitioners/appellant Nos.2 to 4/plaintiff Nos.2, 3

and 5 can be acceded to.

                                 3                       ARR,J & Dr.SA,J
                                                      A.S.No.130 of 2019




7.    Accordingly, I.A.No.1 of 2021 is allowed.     Consequently,

the A.S.No.130 of 2019 is dismissed as withdrawn granting

liberty to the appellant Nos.2 to 4/plaintiff Nos.2, 3 and 5 to

work out the remedies, in accordance with law. There shall be

no order as to costs.

Miscellaneous Petitions, if any, pending in this appeal shall

stand closed.

_______________________ A. RAJASHEKER REDDY, J

______________________ Dr. SHAMEEM AKTHER, J April 01st, 2021.

MD