IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

THE HON’BLE JUSTICE B.R.MADHUSUDHAN RAO

CIVIL REVISION PETITION.NO.213 OF 2023

BETWEEN :

K.Pandu, S/o. Late.K.Jayaram,

… Petitioner/Plaintiff

AND

1. Smt.Lakshmamma, W/o. Late.Jaya Ram,

(Died during pendency of suit)

2. K.Ananda Rao, S/o.Late K.Jayaram, Aged 63 years, R/o.H.No.12-2-803/A/42,

Hill Colony, Murad Nagar, Hyderabad-28 and others

…Respondents/Defendants

THE HON’BLE JUSTICE B.R.MADHUSUDHAN RAO

ORDER

1. This Memorandum of Civil Revision Petition is filed under Article 227 of the Constitution of India assailing the Order passed in IA.No.695 of 2022 in OS.No.1749 of 2008, dated 02.01.2023 by the XVII Additional Senior Civil Judge, City Civil Court, Hyderabad, wherein the application filed by the petitioner under Order XXIII Rule 1 r/w Section 151 of Civil Procedure Code, 1908 (for short ‘CPC’) to withdraw Item No-II of the suit schedule property came to be dismissed.

2. Petitioner is the plaintiff, respondent Nos.1 to 4 are the defendant Nos.1 to 4 in the suit i.e., OS.No.1749 of 2008. During pendency of the suit, respondent No.1-defendant No.1 died.

3.1. Learned counsel for the petitioner submits that respondent Nos.5 and 6 herein ar