Konda Latchaiah v. Konda Venkata Narayana , Venkanna (Died)

[ 33851

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD FRIDAY, THE TWENTY NINTH DAY OF DECET\,BER .,TWO THOUSAND AND TWENTY THREE PRESENT THE HON'BLE SMT. JUSTICE K. SUJANA CIVIL REVISION PETITION Nos : 1979 198 1 & 1982 ot 2O21 Civil Revision PetitionNo.1979 of 2021 Petition Under Afticle 227 of Constitution of lndia against the order dated 2O-1O-2O21 in l.A.No.4 of 2021 in O.S.No.55 of 2013 on the fite of the Court of the Special Judge for trial of Cases Under SCsiSTs (pOA) Act-cum-Vll Additionat District and Sessions Judge at Khammam.

Between:

Age: 78 years, Ocr:

No. 4-27715, Srinivasa Retired Nagar, Konda Latchaiah, S/o. Late Sangaiah, Superintendent ln Ztlla Parishad, Rl/o. H Khammam City, Khammam District.

...Petitioner/Plaintiff

AND

1. Konda Venkata Narayana @ Venkanna (died)

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

3. Konda Goutham, S/o. Late Venkanarayana @ Venkanna, Age: 10 years Ryo. 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 pleased to SUSPEND the Order dated 20-10-2021 passed in lA No. 4 of 2021 in O.S_ No. 55 of 2013 on the file of court of the Special Judge for Trial of Cases under SCsiSTs (POA) Act-cum-Vll Additional District and 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 affid.avit fired in support of the peiitio;, inu Hign court may oe preaslJ io :'Frl !!. interim suspension order dated 24-12-2oit passed in-tn ruo_t or zbzi in CRP No. 1979 of 2021 until further orders in the int,erest of justice. Counsel for the Petitioner: SRt SyAM SUNDAR KONDAPALLI Counsel for the Respondents: None Appeared Civil Revision PetitionNo.lg81 of 2O21 Petition Under Anicle 22r of 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-Vfi Additaonar District and Sessions Judge at Khammam.

Between:

[onOq Latchaiah, Sio. Late Sangarah, Superintendent ln Zt a parishad, fr/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 @ Chandrak?la, Age: 59 years, Rl/o. H No. 3_3-67 Gandhi Nagar, Khammam Town and District."

3. Konda Goutham. S/o. Late V.enkanarayana @ Venkanna, Age: 1O years Rl/o. H No. 3-367, Gandhi Na ga r. Xtrammarir' towi anid' b]stnct (Represented by its Natural Guardian Mother)

...Respondents/proposed LRs

IA NOi 1OF 2021 Petition under Section,15,l CpC praying that in the circumstances stated in the affidavit fited in support of the petition, in" Hifi Corrt ,n"y be pleased to pass an order by Restoring the suir o.s.No.ss ot io'ts in irs originar p.riiili-iv suspending the Docket order dated 20-10-2021 pr.rlo ,n IA No.4 0f 2021 in o.s. No.55 of 2013 on rhe rile or court of th. sp"riJ;;;" i.i iiirr'oi'6"L, i,;';1. SCs/srs (PoA) Act-cum-vil Addirionar or.ii.t ,^Jslssions 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 fired in support of the petition, itre High court may oe preaseJ io extend the interim suspension order dated 24-12-2o2 i passed iniA No.t of 2ozt in cRP No. 1981 of 2021 untir further orders in the interest of justice. Counsel for the Petitioner: SRt SyAM SUNDAR KONDAPALLI Counsel for the Respondents: None Appeared Civil Revision PetitionNo.1982 ot 2O21 Petition under Articre 22r of constitution of lndia against the order dated 2o-1o-2o21 in I.A.No.3 of 2021 in o.S.No.ss of 2013 on the file of the court of the Special Judge for trial of cases Under SCs/srs (poA) AcGcum-Vll Additional District and Sessions Judge at Khammam.

Between:

Konda Latchaiah, S/o. Late Sangaiah, Superintendent ln Zilla Parishad, fuo. ft Khammam City, Khammam District_ Age:

No.

7a years, Occ:

4-27715, Srinivasa Retired Nagar,

...Petitioner/Plaintiff

AND

1. Konda Venkata Narayana @ Venkanna (died)

2. K.onda Appamma @ Chandrakala, Age: 59 years, Rl/o. H No.3-3_67 Gandhi Nagar, Khammam Town and District.

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

...Respondents/Proposed LRs

1A NO: 1 OF 2021 Petition under Section 151 cpc praying that in the circumstances stated in the_affidavit filed in support of the petition, irre uigrr court may be pleaseJ to susPEND the Order dated 20-10-2021 passed in tR wo. 3 0t 20it in d.s. rvo. ss of 2013 on the file of court of the Special Judge for Trial of cases under SCs/srs (POA) Act-cum-vl! Addational District and Sessions Judge at Khammam, punoing disposal of the main CRP_

IANO:1OF2022 Petition under section 151 cpc praying that in the circumstances stated in the affid.avit filed in support of the peiitio;, Ih. Higt, Court may oe pfeaseJ io g*t^ull !!" interim suspension order dated 24-12-2011 passed inin ruo r or zozr in CRP No. 19a2 ot 2021 until further orders in the interest of justice. Counsel for the Petitioner: SRI SYAM SUNDAR KONDAPALLT Counsel for the Respondents: None Appeared The Court made the following: COMMON ORDER

THE HONOURABLE SMT. JUSTICE K. SUJANA CTVIL REVISION PETITION Nos.1979 1981 & L9E2 of2O2l COMMON ORDER:

C.R.P.No.1979 of 2O2l arises out of order dated 20.lO.2O2l passed in I.A.No.4 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 and Sessions Judge, Khammam.

2. C.R.P.No.1981 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 2O2l arises out of order dated 2O.LO.2O2| passed in I.A.No.3 of 2O2t in O.S.No.SS of 2OI3 by the learned Special Judge for Trial of Cases under SCs/STs (POA) Act-cum-VII Additional District and Sessions Judge, Khammam.

4. O.S.No.55 of 2013 is filed by the petitioner/plaintiff under Section 26 read with Order VII Rule I of CPC seeking partition and separate possession.

'tl(,t -/ C.R P.Nos.1979, l98l & 1982 of202l

5. I.A.No.3 of 2O2l is frled by the petitioner/plaintiff under Rule 28 read with 151 of C.P.C seeking to permit the petitioner to take necessary consequential judgments in the plaint.

6. I.A.No.4 of 2O2I is flled by the petitioner/plaintiff under Order XXII Rule 4 (5) read with 151 of C.P.C. seeking to set aside the abatement in O.S.No.55 of 20 13.

7 . The facts of the case are that defendalt No.l/respondent No.1 died on 29.O7.2O2O during Covid-19 Pandemic. To that effect, petitioner/ plaintiff hled memo informing about the death of the sole defendant on 09.o4.202t.

8. On the other hand, respondents/ proposeci irgal Representatives filed counter affidavit stating petitioner has failed to explain that the proposed parties are necessary to implead as 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'-r C.R.P.Nos.l979, I9EI & 1982 of202l to harass the L.Rs only he filed 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 29.07.2O2O and he was not explained day to day delay and there are no sufficient reasons for not frling the petition. Aggrieved by the same, the present Civil Revision Petition is hled.

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

11. Having regard to the submissions made by learned counsel for the petitioner and having gone through the material available on record, it shor,r.s that the defendalt in O.S.No.SS of 2013 died on 29.O7-2O2O and the counsel for the L.Rs frled memo informing the death of the deceased on ) ) O9.O4.2O21 under Order XXII Rule 4(5) read w"ith 151 CPC. Order XXII Rule 4 (5) of CPC says that counsel has to inform the Court about the death of the party and the limitation starts from the date of informing the Court by the counsel, whereas, the trial Court erroneously observed that he know

sKs_i C.R.P.Nos.l979. l98l & 1982 oJ2O2l about the death of the decease d, on 29.O7.2O2O. E;ven otherwise, since the surge of Covid- 19 pandemic, the Hon,ble Supreme Court excluded the period from 15.O3.2020 titl 28.O2.2O22 for computing the 1imitation in filing petitions/applications/ suits/appeals all other quasi proceedings under the general law of limitation and other special laws. Therefore, the order of trial Court is liable to be set aside.

12. Accordingly, these Civil Revision petitions are allowed setting aside the orders dated 2O.01.2021 in 1.A.3 of 2021, I.A.No.4 of 2O2l in/and O.S.No.SS of 2Ol3 passed bJ, the learned Special .Iudge for Trial of Cases under SCs/STs (pOA) Act-cuirr-Vll Additional District and Sessions Judge, Khammam. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if arry, sha-ll stand closed.

SD/. G. SIREESHA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1 ]lg Special Judge for trial of Cases Under SCs/STs (pOA) Act_cum-Vil Additional District and Sessions Judge at Khammam.

2. One CC to SRt SYAM SUNDAR XOruOepnr_it, Advocate tOpUCl

3. Two CD Copies iD karn/JAK

HIGH COURT DATED:2911212023 o L4 F TE e j 5\ N"

.{.o I.

o LL COMMON ORDER I ") s,- CRP.Nos.1979, 1981 & 1982 o H* THESE CIVIL REVISION PETITIONS ARE ALLOWED @)cotl$