THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY CIVIL REVISION PETITION No.2366 of 2009 ORDER: The petitioner and her husband late P.Sanga Reddy filed O.S.No.40 of 2008 against the second respondent herein, the sole defendant, for the relief of partition and separate possession of the suit schedule properties. During the pendency of the suit, the first plaintiff i.e. P.Sanga Reddy died. The petitioner filed a Memo into the Court stating that she is the sole legal heir of late Sanga Reddy on the strength of a Will said to have been executed on 19.02.2002. The suit is said to be in a very advanced stage. The first respondent filed I.A.No.157 of 2009 under Order 1 Rule 10 read with Section 151 C.P.C. with a prayer to implead her as the second defendant. It was pleaded that she was married to Sanga Reddy much before the petitioner married him. The application was opposed by the petitioner. Through its order, dated 22.04.2009, the trial Court allowed the I.A. Hence, this revision. Heard Sri M.Rajamalla Reddy, learned counsel for the petitioner and Sri Y.Ashok Raj, learned counsel for the first respondent. This case has several peculiar features. Sanga Reddy was initially married to one Smt.Dasthamma. The couple had a son, by name, P.Srinivas Reddy, the sole defendant in the suit. Dasthamma is said to have died. While the petitioner claims that she is the second wife of Sanga Reddy, the first respondent pleads that she was married to Sanga Reddy after the death of Dasthamma and that the petitioner is the third wife. The relief of partition is claimed against Srinivas Reddy, who is neither the son of the petitioner nor the first respondent. In this scenario, the question as to whether the first respondent was married to Sanga Reddy and if so, at what point of time, becomes necessary. The truth and legality of the Will propounded by the petitioner also becomes relevant. The trial Court has taken the correct view of the matter by observing that these questions can be considered at the stage of hearing the suit itself. This Court is not inclined to take a different view. Hence, the civil revision petition is dismissed. It shall be open to the parties to adduce such evidence as they intended to within a period of two months. The trial Court shall endeavour to dispose of the suit itself, within a period of three months from the date of receipt of a copy of this order. The first respondent shall file her written statement within two weeks from today. The trial Court shall frame necessary issues depending on the pleadings of the parties. There shall be no order as to costs. __________________ L.NARASIMHA REDDY,J Dt:08.10.2009. Note: Issue cc in one week. (B/o) kdl