Konda Latchaiah v. Konda Venkata Narayana , Venkanna (Died) And 2 Others

[ 338s ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD FRIDAY, THE TWENTY NINTH DAY OF DECEMBER .,TWO THOUSAND AND TWENTYTHREE PRESENT THE HON'BLE SMT. JUSTICE K. SUJANA CIVIL REVISION PETITION Nos: 1979 1981 & '1982 of 2021 Civil Revision PetitionNo.1979 ot 2O21 Petition Under Anicle 227 of Constitution of lndia against the order dated 2O-1O-2O21 in LA.No.4 o'f 2021 in O.S.No.55 of 2013 on the file of the Court of the Special Judge for trial of Cases Under SCs/STs (POA) Act-cum-Vll Additional District and Sessions Judge at Khammam.

Between:

Konda Latchaiah, S/o. Late Sangaiah, Age Superintendent ln Zllla Parishad, R/o. H No.

Khammam City, Khammam District.

78 years, Occ:

4-27715, Srinivasa Retired Nagar,

...Petitioner/Plaintiff

AND

1. Konda Venkata Narayana @ Venkanna (died)

2. Konda Appamma @ Chandrakala, Age: 59 years, Rt/o. H No.3-3-67 Gandhi Nagar, Khammam Town and District.

3. Konda Goutham, S/o. Late Venkanarayana @ Venkanna, Age: 10 years Rt/o. H No. 3-367, Gandhi Nagar, Khammam Town and District. (Represented by its Natural Guardian Mother)

...Respondents/Proposed LRs

lA NO: 1 OF 2021 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pteased to SUSPEND the Order dated 2O-10-2021 passed in lA No. 4 of ZO21 in O.S. No. 55 of 2013 on the file of court of the Special Judge for Trial of Cases under SCs/STs (POA) Act-cum-Vll Additional District and Sessions Judge at Khammam, pending disposal of the main CRP

IANO:1OF 2022 Petition under section 151 cpc praying that in the circumstances stated in the affid.avit filed in support of tfre peiition, in" iign Court may b; ,;LJ i; g"t^u!1 t!" irterim suspension order dated 24-12-2oIt passed in rA No.1 0f 2021 in CRP No. 1979 of 2021 unlil further orders in the inLrest of justice. Counsel for.:he Petitioner: SRI SyAM SUNDAR KONDAPALLI Counsel for the RespoMents: None Appeared Civil Revisiorr PetitionN o.1 981 of 2021 Petiti'rn Under Anide 227 0f constitution of rndia against the order dated 20'10-2021 in o.S.No.SS 0f 2013 0n the fire of the court of the speciar Judge for trial of cases Under SCs/STs (poA) Act-cum-v[ Additionar District and sessions Judge at Khanmam.

Between:

fondq Latchaiah, S/o. Late Sangaiah, Superinten,jent ln Zilla parishad, (/o.

Khammam City, Khammam District.

Age:

H No.

78 years, Occ:

4-27715, Srinivasa Retired Nagar,

...Petitioner/Ptaintiff

AND

1. Konda Venkata Narayana @ Venkanna (died) 2' Konda y'ppamma @ chandrakara, Age: 59 ycars, Ri/o. H No. 3-3s7 Gandhi Nagar, l..hammamTown and District "

3. Konda Goutham. S/o. Late V.enkanarayalta @ Venkanna, Age: 10 years R/o. H No. 3-367, Gandhi Nagar. Khammarir fo*i an-J b-istnct. (Represented by its ruaturat Guardian t\rother) ... Respondents/proposed LRs IANO:1 oF 2021 Petition rnder section-151 cpc praying that in the circumstances stated in the affidavit fire'r in support of the petition, inJHigh court may be preased to pass an orde.r by. Restoring the suit O.S.No.55 ot iOtg rn its original position bv suspending the Docket order dared 20-10-2021pi.rlo in rA ru".? "i'z5ii':;'o;1 No'55 of 2013 >n the fire o_f _cgurt of *'e spe"ii lroge ror Triar of cases under scs/srs (PoA) Act-cum-vlt Additional oistict ana-sessions Judge at Khammam, pending disposal of the main CRp

lA NO: 1 OF 2022 Petition under Section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to extend the interim suspension order dated 24-12-2o21 passed in lA No.1 of 2021 in CRP No. 1981 of 2021 until further orders in the interest of justice. Counsel for the Petitioner: SRI SyAM SUNDAR KONDAPALLI Counsel for the Respondents: None Appeared Qivil Revision PetitionNo .1982 of 2O21 Petition Under Arricre 22r of constitution of lndia against the order dated 2o-1o-2o21 in I.A.No.3 of 2o21 in o.S.No.55 of 2013 on the file of the court of the special Judge for trial of cases Under SCs/STs (poA) Act-cum-vll Additional District and Sessions Judge at Khammam.

Between:

Konda Latchaiah. S/o_ Late Sangaiah, Superintendent ln Zllla Parishad, R/o.

Khammam City, Khammam District.

Age:

H No.

78 years, Occ:

4-27715, Srinivasa Retired Nagar,

...Petitioner/Plaintiff

AND

1. Konda Venkata Narayana @ Venkanna (died)

2. Konda A-ppamma @ Chandrakala, Age: Sg years, Rl/o. H No. 3-3_67 Gandhi Nagar, Khammam Town and District.

3. Konda Goutham, S/o_ Late Venkanarayqla @ Venkanna, Age: 10 years Rt/o H No. 3-367, Gandhi Nagar, Khammarir Towi and District. ' (Represented by its Natural Guardian Mother)

...Respondents/Proposed LRs

lA NO: 1 OF 2021 Petition under Section 151 cpc praying that in the circumstances stated rn the_affidavit filed in support of the petition, the High court may be pleased to susPEND the order dated 2o-10-2021 passed in rANo. s ot 2o2l in d.s. wo. ss of 2013 on the file of court of the Special Judge for Trial of cases under scs/STs (PoA) Act-cum-vl! Additionar District and sessions Judge at Khammam, pendrng disposal of the main CRP,

lA NO: 1 oF 2022 Petitic n under section 151 cpc praying that in the circumstances stated in the affid.avit filed in support of the peiitio;, inu Hiln Court may O" pf""rlJ io gxt^elg lhe irrterim suspension order dared 24-12-2oi1 passed in'rA No.1 ot zozl in CRP No. 1982 ot 2021 until further orders in the inLrest of justice. Counsel for the Petitioner: SRI SyAM SUNDAR KONDAPALLI Counsel for ihe Respondents: None Appeared The Court m rde the following: COMMON ORDER

THE HONOURABLE SMT. WSTICE K. SUJANA CTVIL REVISION PETITION Nos.1979 1981 & L9a2 of2O2l COMMON ORDER:

C.R.P.No.1979 of 2O2l arises out of order dated 20.lO.2O2I passed in I.A.No.4 of 2021 in O.S.No.55 of 2O13 by the learned Special Judge for Trial of Cases under SCs/STs (POA) Act-cum-VII Additional District and Sessions Judge, Khammam.

2. C.R.P.No.l98l of 2021 arises out of order dated 2O.lO.2O2l passed in O.S.No.SS of 2013 by the learned Special Judge for Trial of Cases under SCs/STs (POA) Actcum-VII Additional District and Sessions Judge, Khammam.

3. C.R.P.No.1982 of 2021 arises out of order dated 20.1O.2O2I passed in I.A.No.3 of 2O2l in O.S.No.55 of 2013 by the learned Special Judge for Trial of Cases under SCs/STs (POA) Act-cum-VII Additional District ald Sessions Judge, Khammam.

4. O.S.No.SS of 2013 is hled by the petitioner/plaintiff under Section 26 read with Order VII Rule I of CPC seeking partition and separate possession.

s:t."/ C R.P.Nos.l979, l98l & 1982 of202l

5. I.A. \o.3 of 2O2l is filed by the petitioner/plaintiff under Rule 28 read w'ith 151 of C.P,C seeking to permit the petitione r to take necessary consequentia_l judgments in the plaint.

6. I.A.l'Io.4 of 2O2l is filed by the petitioner/plaintiff under Order XI(II Rule 4 (5) read with 151 of C.P.C. seeking to set aside tht, abatement in O.S.No.55 of 20 13.

7. The facts of the case are that defendant No.l/respondent No.1 died on 29.OT.2O2O during Covid-19 Pandemi :. To that effect, petitioner/ plaintiff filed memo informinl; about the death of the sole defendant on 09.o4.202t

8. On the other hand, respondents/proposed Legai Representatives filed counter afhdavit stating petitioner has failed to explain that the proposed parties are necessary to implead :rs legal heirs as defendants in the suit. petitioner and the deceased respondent are own brothers and the petitioner has knowledge about the death on 29.O2.2O2O itself and he also attended all ceremonies of the deceased. Petitioner filed petition after lapse of nine months, for which

s,(s'"I C.R.P.Nos.l979. l98l & 1982 of202l to harass the L.Rs only he f,rled the petition, inspite of knowing about the death of the defendant.

9. After hearing on both sides, the trial Court dismissed the petition stating that the plaintiff having knowledge about the defendant on 29.07.2020 and he was not explained day to day delay and there are no sufficient reasons for not hling the petition. Aggrieved by the same, the present Civil Revision Petition is filed.

10. Heard Sri Syam Sundar Kondapalli, learned counsel for the petitioner. Though notice served upon the respondent, none appeared on his behalf.

1 1. Having regard to the submissions made by learned counsel for the petitioner and having gone through the material available on record, it shows that the delendant in O.S.No.SS of 2Ol3 died on 29.O7.2O2O and the counsel for ttre L.Rs frled memo informing the death of the deceased on ) ) O9.O4.2O21 under Order XXII Rule 4(5) read with 151 CPC. Order XXII Rule 4 (5) of CPC says that counsel has to inform the Court about the death o[ the party and the limitation starts from the date of informing the Court by the counsel, whereas, the tria-l Court erroneously observed that he know

sKr-/ C.R P.Nos.1979. l98t & t982 of202l about the death of the decease d, on 29.O2.2O2O. |rtver otherwise, since the surge of Covid- 19 pandemic, the Hon,ble Supreme Court excluded the period from 15.03.2020 till 28.O2.2)22 for computing the limitation in filing petitionr;/ applications/ suits/appeals a.ll other quasi proceed. ngs under the general law of limitation and other special laws. Therefore, Lhe order of trial Court is liable to be set aside.

12. Accordingly, these Civil Revision petitions are allowed setting aside the orders dated 2O.Ol.2O2l in 1.A.3 of 2021, I.A.No.4 c,f 2021 in/and O.S.No.SS of 20 13 passed bJ, th" learned Special .Iudge for Trial of Cases under SCs/STs (pOA) A-ct-curn-\'Il Additional District and Sessions Judge, Khammarn. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stancl closed.

SD/- G. SIREESHA ASSISTANT REGISTRAR //TRUE COPY// V To, sEcTtoN oFFtcER 1 llq specie r Judge for triar of cases Under scs/srs (poA) Act-cum-Vil Additional E,istrict and Sessions Judge at Khammam.

2. One CC ro SRt SYAM SUNDAR XOittonpnlii, eovocate topucl

3. Two CD Colries o karn/JAK

HIGH COUIRT DATED:2911212023 F TE( o j kr + .-N^ .fs o Ar COMMON ORDER I LL ") I CRP.Nos.1979, 1981 & 1982 o H* THESE CI!'IL REVISION PETITIONS ARE ALLOWED 6)*eo