Kum. Maroj Mithila Devei v. Maroj Rama Chari

HON'BLE SRI JUSTICE M.S.RAMACHANDRA RAO C.R.P.No.1265 of 2019 ORDER:

Heard the learned counsel for the petitioner.

2. This Revision Petition is filed under Article 227 of the Constitution of India challenging the order dt.29-03-2019 in I.A.No.1385 of 2018 in O.S.No.1095 of 2014 of the XXVI Additional Chief Judge, City Civil Court, Hyderabad.

3. Petitioner filed an application under Order 22 Rule 4 CPC claiming that she is the adopted daughter of the deceased-4th respondent herein, who was 3rd defendant in the suit O.S.No.1095 of 2014 filed by 1st respondent against respondent Nos.2 to 4.

4. In the Court below, no documentary evidence is filed to prove that the petitioner is the adopted daughter of respondent Nos.1 and 4. In the plaint, the 1st respondent has only stated that the petitioner was fostered by himself and 4th respondent. In the absence of any evidence adduced by the petitioner to prove that she was adopted by the petitioner and the 4th respondent, the Court below cannot be said to have committed any error in refusing to implead the petitioner as legal heir of the deceased-4th respondent.

5. Accordingly, the Civil Revision Petition fails and is dismissed. No costs.

MSR,J C.R.P.No.1265 of 2019

6. As a sequel, the miscellaneous petitions pending, if any, shall stand closed.

__________________________________ JUSTICE M.S.RAMACHANDRA RAO Date: 10-06-2019 kvr