IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH : HYDERABAD TUESDAY, THE THIRTEENTH (13TH) DAY OF SEPTEMBER, TWO THOUSAND AND ELEVEN Present: HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRP No.1680 of 2008 Between: Boddeda Lakshmana Rao … Petitioner And: Konathala Krishna Murthy (Died) & others … Respondents HON’BLE SRI JUSTICE G.V.SEETHAPATHY Civil Revision Petition No.1680 of 2008 ORDER: This revision is directed against the order dated 28.12.2007 in IA No.336 of 2006 in OS No.38 of 2001 on the file of the Senior Civil Judge (FTC), Chodavaram, wherein the said application filed by the respondents 1 and 2 herein under Order 32 Rule 15 CPC seeking appointment of next friend as guardian of the 2nd respondent/D.2-Siva Naidu, was allowed, permitting 4th defendant – K. Saradamba to act as guardian of 2nd defendant. 2. Heard the learned counsel for the petitioner. None appears for the respondents. Perused the record. 3. The petitioner herein-first plaintiff and 3rd respondent herein-2nd plaintiff, filed suit against the first respondent-D.1 and others for recovery of an amount of Rs.1,27,250/- allegedly due under a mortgage deed. The first defendant is no more. The 2nd defendant Siva Naidu, who is the son of first defendant, 3rd defendant another son of first defendant and 4th defendant- Saradamba W/o first defendant, were contesting the suit. IA No.336 of 2006 was filed seeking permission for the 2nd defendant to be represented by his mother and next friend-4th defendant on the ground that the 2nd defendant is mentally retarded. The petitioner herein-first plaintiff filed counter, opposing the said application, inter-alia contending that the earlier application IA No.139 of 2006 filed for the same relief, was dismissed on merits on 11.07.2006 and the said order having become final, the present application is barred by res judicata. The learned Senior Civil Judge, by impugned order, allowed the application. Aggrieved by the same, the first plaintiff filed the present revision petition. 4. A perusal of the copy of the order dated 11.07.2006 in IA No.139 of 2006 in OS No.47 of 2001, shows that the said application was also filed for similar relief seeking appointment of guardian for the 2nd defendant on the ground that he was mentally retarded and the said application was opposed and after contest, the said petition was dismissed on merits, observing that the documents filed by the respondents therein clearly showed that the petitioner therein i.e., 2nd defendant is not an insane person. The said order remained unchallenged and thus became final. It is to be noted that notwithstanding examination of the doctor as PW.1 and producing the medical certificate Ex.A.1, the earlier application IA No.139 of 2006 was dismissed. Of course, it was observed in the said order that the mother of the 2nd defendant was not examined. The earlier application was dismissed, mainly on the ground that the execution of the documents including suit mortgage deed and registered sale deed, which were marked as Exs.B.1 and B.5 therein by the 2nd defendant, disproved the contention that he was insane. The very same evidence that was adduced in the earlier application IA No.139 of 2006 is sought to be relied upon in the present IA once again. Admittedly, there has been no change of circumstances nor have there been any subsequent events that necessitated filing of a fresh application for appointment of guardian. As the earlier decision refusing permission for appointment of guardian is between the same parties and there being no change of circumstances nor any new material placed before the court warranting appointment of guardian, the second application for the same relief is unsustainable. The impugned order, does not record any categorical finding to the effect that the 2nd defendant is in fact, mentally insane and therefore he is entitled to be represented by guardian. In the circumstances, the impugned order is held unsustainable and the same is accordingly set aside. 5. In the result, the civil revision petition is allowed. No order as to costs. G.V.SEETHAPATHY, J Date: 13.09.2011 bss