HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY CIVIL REVISION PETITION No.274 of 2024

ORDER:

The present revision is filed aggrieved by the order dated 06.11.2023 passed in I.A.No.1573 of 2019 in O.S.No.45 of 2010 on the file of the X Additional Chief Judge, City Civil Court, Hyderabad.

2. Heard Sri V.Padam Narayan, learned counsel for the petitioners. It is mentioned in the Revision that respondent Nos.1 to 4 are not necessary parties to this revision. None appeared for respondent Nos.5 to 8, despite service of notice. Therefore, the matter is being disposed of based on the material available on record.

3. The petitioners herein are the legal heirs of plaintiff No.2, respondent Nos.1 to 4 are defendant Nos.1 to 4 and respondent Nos.5 to 8 are plaintiff Nos.1 and 3 to 5 respectively, before the trial Court. For convenience, hereinafter the parties are referred to as they are arrayed in the suit.

4. The brief factual matrix of the case is that plaintiff Nos.1 and 3 to 5 along with one Birju Singh (plaintiff No.2), filed a suit against defendant Nos.1 to 4 herein for partition of suit schedule property. When the matter was coming up for defendants' evidence, at that stage, one Birju Singh,