THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY CIVIL REVISION PETITION NO.5030 OF 2009 1ST DECEMBER, 2009 BETWEEN: KODURI SREE RAMACHANDRA MURTHY .. PETITIONER AND SHAIK MEERA SAHEB AND OTHERS .. RESPONDENTS THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY CIVIL REVISION PETITION NO.5030 OF 2009 O R D E R: This Civil Revision Petition is directed against the order dated 26- 6-2009 passed in I.A.No.2563 of 2008 in O.S.No.202 of 2007 on the file of Principal Senior Civil Judge, Kovvur, W.G. District, whereby and where under the learned Senior Civil Judge allowed the application filed by the plaintiff under Order 22 Rule 4 of CPC. R1-Shaik Meera Saheb filed O.S.No.202 of 2007 against Koduri Nageswara Rao for recovery of money on the strength of a promissory note dated 25.2.2006 executed by him for Rs.5.00 lakhs promising to pay the same with 18 % interest. Pending the suit the sole defendant- Koduri Nageswara Rao died. Therefore, the plaintiff filed I.A.No.2562 of 2008 to bring on record Koduri Lakshmi, Koduri Sree Ramachandramurthy, Cherukuri Veerendranath Chowdary and Cherukuri Pratap Chowdary as LRs of the sole defendant. Koduri Sree Ramachandramurthy alone filed the counter resisting the application. He disputed the marital status of Koduri Lakshmi. According to him, one Koduri Jaya Kumari is the legally wedded wife of the deceased defendant and she pre-deceased him. The learned Senior Civil Judge, on considering the material brought on record and on hearing learned counsel appearing for the parties, proceeded to allow the application by an order dated 26.6.2009. The said order is assailed in this revision. Notice before admission came to be ordered on 13.11.2009. Notice to R1 and R3 has been served and proof of service has been filed. Notice to R4 and R5 stated to be not necessary. Heard learned counsel appearing for the petitioner and perused the order impugned in this revision. Learned counsel appearing for the petitioner submits that R3 is not the legally wedded wife of the deceased-defendant and therefore her impleadment as legal representative of deceased- defendant does not arise. In a way the contention of the petitioner is that Koduri Lakshmi is not the legally wedded wife of deceased-defendant. Whether Koduri Lakshmi is a legally wedded wife of the deceased-defendant or not is not the subject matter of the suit. Since the sole defendant died, R1/plaintiff filed I.A.No.2562 of 2008 to bring on record the petitioner as well as R3 to R5 as his LRs. The apprehension of the petitioner that under the guise of her impleadment as one of the LRs of the deceased-defendant, there is every possibility of Koduri Lakshmi claiming properties of deceased-defendant cannot be sustained. Even if the decree is passed in the suit, it will be against the estate of deceased-defendant, which is in the hands of D2 to D5. The trial Court considered this aspect and proceeded to allow the application filed by the plaintiff. I do not see any valid ground to interfere with the order impugned in this revision. Accordingly, this Civil Revision Petition is dismissed. 1st December, 2009. ( B.Seshasayana Reddy,J) tnb THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY CIVIL REVISION PETITION NO.5030 OF 2009 1ST DECEMBER, 2009