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2023 Supreme(Online)(AP) 8479
HIGH COURT OF ANDHRA PRADESH FRIDAY ,THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY TWO PRSENT THE HONOURABLE MS JUSTICE B S BHANUMATHI CIVIL REVISION PETITION NO: 911 OF 2020 Between:
1. MORTHA BALA KRISHNA S/o Late Vadapalli, aged. 32 years, Rio D.No.
13-64/1, Pinamadaka, Agnampudi Colony, Gajuwaka Mandal, Visakhapatnam.
...PETITIONER(S)
AND:
1. PACHIPILLI MAHESWARA RAO , S/o Satyam, Aged 63 years, R/o D.No. 10-33-8/5, Bhanoji Nagar, Gajuwaka, Visakhapatnam
2. Mortha Vadapalli (Died)
3. Martha Bhagyavathi W/o Late Vadapalli, aged 54 years, R/o D.No. 12-
145/5, Agnampudi, R.H.Colony, Visakhapatnam
4. Kasi Varalakshmi, W/o Venkata Rao, aged 45 years, Rio D.No. 13-6, Pinamadaka, Agnampudi Colony, Gajuwaka Mandal, Visakhapatnam.
5. Kasi Jayamma W/o Bheemaraju, aged 42 years,' R/o D.No. 6-103, Kodapa Veedhi, G. Vemavaram, Polavaram Mandal, East Godavari District.
6. Pandiri Lakshmi W/o Srinu, aged about 33 years, D.No. 40-1-30, Jallivaripeta, Ramachandrapuram, East Godavari District.
7. Mortha Satyanarayana S/o Late Vadapalli, aged 34years, Rio D.No. 13-
64/1, Pinamadaka, Agnampudi Colony, Gajuwaka Mandal, Visakhapatnam.
...RESPONDENTS Counsel for the Petitioner(s): K JYOTHI PRASAD Counsel for the Respondents:
The Court made the following: ORDER THE HON’BLE DR. JUSTICE K. MANMADHA RAO CIVIL REVISION PETITION No.911 of 2020
ORDER:
Earlier, by order dated 16.09.2022, this Court had allowed the C.R.P. and set-aside the order dated 07.02.2020 passed in I.A.No.827 of 2019 in O.S.No.231 of 2015 on the file of the Court of Principal Senior Civil Judge, Gajuwaka, on a condition that the revision petitioner shall pay Rs.5,000/- to the 1st respondent / plaintiff on or before
30.09.2022, failing which, the petition stands dismissed.
2. When the revision petitioner tried to pay the said amount of Rs.5000/- to the counsel for the 1st respondent/plaintiff in the trial Court, he has refused to take the said amount, on the ground that, the 1st respondent was died on 18.02.2022 and the L.R. application filed on 09.07.2022 to bring the legal heirs of the 1st respondent is still pending. On came to know the said fact, the revision petitioner filed I.A.No.02 of 2022 seeking to post the C.R.P. under the caption “For Being Mentioned”. After hearing the arguments, this Court had passed the following order on 14.02.2023:-
“This petition is filed to post the revision under the caption “For Being Mentioned” and to clarify/modify the direction to deposit Rs.5,000/- in the suit account of O.S.No.231 of 2015 on the file of the Court of Principal Senior Civil Judge, Gajuwaka, instead of payment to the 1st respondent/plaintiff by granting two more weeks time for such payment.
The petitioner/revision petitioner/defendant No.6 stated that after disposal of the main revision petition on 16.09.2022, in compliance of the order when the amount of Rs.5,000/- was offered to the counsel for the respondent/plaintiff, on that day the plaintiff‟s counsel informed to the Court and filed application to bring Legal Representatives of the plaintiff stating that the plaintiff died on 18.02.2022 and therefore, the revision petitioner has no knowledge of the death of the plaintiff. When this Court sent notice in the revision petition to the respondent/plaintiff to the address given as in the plaint, the same was returned with the endorsement „no such addressee in the said door number‟ and as such the death of the party was not known.
In view of the death of the respondent/plaintiff before disposal of this revision petition, the Order needs to be set aside restoring the revision petition to file and permitting the petitioner to bring Legal Representatives on record. As such, the order, dated 16.09.2022, passed in C.R.P.No.911 of 2020 is set aside and the revision petition is restored.
Interim Order earlier granted in this revision petition, is again granted for four (4) weeks and meanwhile, the petitioner shall take necessary steps expeditiously.
Post the revision petition after two (2) weeks.”
3. Thereafter, as per orders of this Court in I.A.No.01 of 2023, dated 03.05.2023, legal representatives of the deceased 1st respondent were brought on record as respondent Nos.8 to 10 in the Civil Revision Petition.
4. Heard the arguments of the learned counsel for the petitioner and perused the material on record.
5. This Civil Revision Petition is filed under Article 227 of the Constitution of India challenging the order dated 07.02.2020 in I.A.No.827 of 2019 in OS.No.231 of 2015 on the file of the Court of Principal Senior Civil Judge, Gajuwaka, whereby the petition filed under Order XVI Rule 1 and 6 r/w 151 CPC by the petitioners/ defendants to issue summons to the concerned officer of the pay and Accounts Section, Naval Dockyard, Visakhapatnam, to furnish the service record of PW1-Pichipalli Maheswararao, worked as USL in Weapon Department, Employee No.1852 with an information, when he was retired from the service and how much amount was paid towards his retirement benefits and what was the mode of payment by the department and to give evidence in the case, was dismissed.
6. For the purpose of convenience, the revision petitioner is referred to as petitioner and the 1st respondent herein is referred to as respondent.
7. The petitioner intended to summon the concerned officer of Naval Dockyard for production of t
