← Library
High Court for State of TelanganaCRP/5276/2015dismissed as infructuous

Kagitala Sai v. Kagitala Janardhana Rao (Died)

2017-06-22M.Satyanarayana Murthy1 pages

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY CIVIL REVISION PETITION Nos.5276 AND 5200 OF 2015 COMMON ORDER:

Learned counsel for the respondents submits that I.A.No.123 of 2015 was filed under Order 6 Rule 17 of C.P.C. and I.A.No.124 of 2015 was filed under Section 5 of Limitation Act and those petitions were allowed by the X Additional District Judge, Krishna, Machilipatnam and challenging the above said petitions, the present revision petitions are filed.

However, it is brought to the notice of this Court that the petitioner who wanted to come on record by name, Smt.Kagitala Savitri, died during the pendency of these revision petitions and produced a copy of death certificate dated 26.04.2017 issued by the Greater Hyderabad Municipal Corporation, to establish that Smt.Kagitala Savitri died on 22.04.2017 and the legal heirs were already impleaded in the suit for partition pending before the Court below.

Therefore, in view of the representation made by the learned counsel for the respondents and as it was not disputed by the learned counsel for the petitioner, these Civil Revision Petitions are dismissed as infructuous. It is needless to say that the legal heirs, who already came on record, are entitled to prosecute the proceedings pending before the Court below. No costs. The Miscellaneous Petitions, if any, pending in these revision petitions shall stand closed.

___________________________________ M. SATYANARAYANA MURTHY, J JUNE 22, 2017 ssp