THE HON’BLE JUSTICE B.R. MADHUSUDHAN RAO CIVIL REVISION PETITION No.3733 of 2025

ORDER:

The present CRP is filed under Article 227 of the Constitution of India assailing order dated 20.08.2025 passed in I.A.no.284 of 2025 in CFR No.507 of 2025 by the learned Senior Civil Judge, Medak.

2. Petitioners are the plaintiffs in CFR No.507 of 2025.

3. At the time of filing of the suit in CFR No.507 of 2025, they moved an application under Rule 32 of Civil Rules of Practice r/w Section 151 of CPC, which is numbered as I.A.No.284 of 2025. Learned trial court has dismissed the same with an observation that the General Power of Attorney (for short ‘GPA’) holder cannot file a suit for declaration of legal heirs of the deceased.

4. Learned counsel for the petitioners would submit that petitioners/plaintiffs have filed a suit to declare them as legal heirs of Late Stephen Sampath Kumar Sadanandam @ Ch.Sampath Kumar, S/o. Sadanandam as successors of his estate. Learned trial court has erroneously dismissed the application without assigning any reasons, misread the affidavit and prayed to allow the CRP.

5. On perusal of the copy of plaint in CFR No.507 of 2025 (suit), which goes to show that petitioners are the plaintiffs and they filed the suit against the Tahsildar, Medak Mandal and District and all concerned to declare them as legal heirs of Late Stephen Sampath Kumar Sadanandam @ Ch.Sampath Kumar, S/o. Sadanandam as successors to his estate i.e., House Municipal bearing No.2-11-63/A and Door No.1-4-66/A/11/4, total land admeasuring 2480.05 Square Yards in Survey No.231 situated at Medak Town and Municipality in ward No.2, T.S.No.8, Chaman Chowrastha to Diara and Jairam Bunglow, Medak District.

6. On perusal of the affidavit in I.A.No.284 of 2025 filed by Sri Thavitiki Sudhir, who happens to be GPA holder of petitioner Nos.1 to 4, wherein, it is stated that petitioners/plaintiffs are residing in Kuwait and they are unable to attend before the Court in person, as such they have executed GPA in his favour to present the suit and prosecute on their behalf. General Power of Attorney is also filed to that effect, which clearly goes to show that the petitioners/plaintiffs have authorized Sri Thavitiki Sudhir to act as GPA holder to file a suit, contest the matter and sign all the documents (statements /written statements, petitions, plaints, applications, declarations, affidavits etc.,) on their behalf.

7. Learned trial court has lost sight of the prayer in the suit, wherein the petitioners/plaintiffs have sought to declare them as legal heirs of Late Stephen Sampath Kumar Sadanandam @ Ch.Sampath Kumar, S/o. Sadanandam. The observation of the learned trial court is as under:

“The GPA holder cannot declare who the legal heirs are. GPA holder can act within the scope of granted powers, declaring legal heirs fall outside that scope which requires a separate legal process governed by personal laws and court intervention.

Hence, A General Power of Attorney (GPA) holder cannot file a suit for declaration of legal Heirs of a deceased. GPA holder is not

confer with right to determine or declare legal heirs of decease.”

8. Learned trial court has come to the conclusion that

the GPA holder cannot file a suit for declaration of legal heirs of the deceased. The GPA holder is acting on behalf of the petitioners/plaintiffs. Learned trial Court ought to have

returned the application for non-compliance of Rule 33 of Civil Rules of Practice to proceed further and pass an order. This important aspect is missed by the learned trial court, which requires interference of this Court.

9. Petitioners are hereby given liberty to file a fresh application before the learned trial court by complying Rule

32 of Civil Rules of Practice r/w 151 of CPC.

10. With the aforesaid observations, this Civil Revision Petition is disposed of. There shall be no order as to costs.

Interim order and miscellaneous petitions, if any, pending in the Civil Revision Petition shall stand closed.

______________