Vajjanthi Kishan Rao And 3 Others vs Vajjanthi Gadela Shakuntala
2021 Latest Caselaw 2000 Tel

         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

(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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