IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE NARSING RAO NANDIKONDA Date :12.02.2026 Between:

Madishetty Narsaiah and 10 Others …Petitioners &

Madishetyy Rajanna and 11 Others …Respondents

ORDER:

This Civil revision Petition is filed under Section 115 of the CPC by the petitioners aggrieved by the order dated 29.11.2016 passed in I.A. No. 459 of 2016 in I.A. No. 174 of 1997 in O.S. No. 98 of 1978 on the file of the Principal Senior Civil Judge, Karimnagar District.

2. For the sake of convenience, the parties are herein referred to as they were arrayed before the learned trial court in O.S. No. 98 of 1978.

3. The brief facts of the case are that Defendant Nos.3 and others filed IA No.459 of 2016 in IA No.174 of 1997 in OS No.98 of 1978 under Section 151 of C.P.C. on the file of Prl. Senior Civil Judge, at Karimnagar (herein referred as ‘trial Court) seeking direction to the legal representatives of Defendant No.1 to deposit the jewellery of silver and gold and rent, the trial Court allowed the IA No.459 of 2016, dated 29.11.2016. Aggrieved the said order, the present Civil Revision Petition is filed.

4. Earlier, defendant No.1 herein i.e., (Sri Madisetti Durgaiah/plaintiff) has filed OS No.98 of 1978 on the file of Subordinate Judge at Karimnagar seeking partition and separate possession of 9/56^th share in the suit schedule ‘A’ and ‘B’ properties and rents of Schedule ‘A’ house, the Court decree the suit with cost in favour of defendant No.1 (Sri Madisetti Durgaiah/plaintiff) on 14.12.1984. Aggrieved by the said order, the defendant No.1 therein (Sri Madisetti Narsaiah) filed A.S.No.9 of 1985 on the file of II Addl.District Judge, Karimnagar, and the Court partly allowed the appeal by setting aside the judgment and decree of learned Subordinate Judge so far as it relate to the partition of Item No.16 to 22 of the plaint ‘B’ schedule movable properties and the judgment and decree in respect of partition and separate possession of item Nos.1 to 15 of plaint ‘B’ schedule movable property and Item Nos.1 to 4 of the plaint ‘A’ schedule and regarding the direction given to D-1 to render the account for the rents in respect of item No.3 of the plaint ‘A’

schedule was confirmed.

5. Thereafter, the defendant No.1 therein (Sri Madisetti Narsaiah) filed S.A.No.256 of 1991 before the erstwhile High Court of Andhra Pradesh and the same was dismissed for default on 20.12.2002. During the course of partition, defendant No.1 (Sri Madisetti Durgaiah) died and his legal heirs came on record and filed IA No.636 of 1997 in OS No.98 of 1978 under Section 26 Rule 9 & 13 R/w. Rule 14(3) of CRP on the file of Subordinate Judge, Karimnagar to comply the orders dated 14.12.1984 and 24.11.1990 respectively for issuing appointment of Commissioner for passing final decree and Sri V.Srikantha Rao, Advocate was appointed as Advocate Commissioner to effect the partition of the suit properties and the said Advocate Commissioner submitted his report before the Court. However, aggrieved by the report of Advocate Commissioner, legal heirs of Madisheety Durgaiah filed another IA No.174 of 1997 in OS No.98 of 1978 seeking to appoint fresh Advocate Commissioner to ascertain the rent of Item No.3 of Plaint Schedule ‘A’ from 01.02.1974 to upto date and ascertain the share of the plaintiff and defendants Nos.1 to 7. The Court appointed Sri Chandrashekar, Advocate as Commissioner and the said Commissioner has submitted report on 18.06.2007.

6. Aggrieved by the Advocate Commissioner report, dated 18.06.2007, Sri Madishetty Rajanna (Defendant No.5 in OS No.98 of 1978) and others filed IA No.459 of 2016 seeking to direct the respondent Nos.8 to 17 i.e., legal representatives of Defendant No.1 to deposit movables (jewellery of Silver & Gold) and Rents in the account of Court for purpose of effecting partition of items along with immovable property and the Court allowed the petition.

7. Aggrieved by the said order, the legal heirs of late Sri