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
1
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 -
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
2019 (4) ALD 219
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.
THE HONOURABLE DR.JUSTICE G.RADHA RANI
CIVIL REVISION PETITION No.1004 of 2019
Date: 16.06.2025
dsv.
