THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL REVISION PETITION No.3885 OF 2011 Date:23.09.2011 Between: Thummalapalli Durga Naga Madhuri and another .. Petitioners And Thummalapalli Veerabhadra Raju and others .. Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL REVISION PETITION No.3885 OF 2011 ORDER: The respondents 1 and 2 are the brothers. They filed a suit for partition against their mother - late Thummalapalli Sita Ratnam and sister - Thummalapalli Satyavathi. During pendency of the suit, mother died and sister – second defendant alone is contesting the suit. The suit is pending for the last about ten years. In 2010, the petitioners herein, who are the minors and children of the second plaintiff, filed application being I.A.No.213 of 2010 under Order I Rule 10(2) of the Code of Civil Procedure, 1908 to be impleaded as party defendants 3 and 4. They contended that after death of the first defendant, their father - second plaintiff is not properly looking after the affairs and if the interests of the minors are not protected, it would cause hardship and prejudice to them. By order dated 11.03.2011, learned trial Judge dismissed the said application observing that their rights without deciding the rights of the second plaintiff would not be crystallized. The counsel for the petitioners would submit that the petitioners got a share in the suit schedule property, which originally belongs to their grand father, who died intestate. Therefore, if the second plaintiff does not take care of the case, they are likely to be deprived of their share in the property. The said submission cannot be accepted. When the property belongs to the grand father unless and until an allegation is made that it is the ancestral property, minors (grand children) would not get any share in the said property. If the grand father of the plaintiffs had died intestate and a suit is already pending for partition which is being prosecuted by the father, the minors cannot be said to have any interest nor their presence is necessary to resolve the issues that would arise. The impugned order of the Court of the Senior Civil Judge, Peddapuram, does not suffer from any error apparent on the face of the record. The Civil Revision Petition is accordingly dismissed. There shall be no order as to costs. ________________ (V.V.S. RAO, J) 23.09.2011 KH