IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.1717 of 2010 Between: Darsi Rama Koteswararao ..... PETITIONER AND Darsi Venkateswararao and 3 others .....RESPONDENTS The Court made the following: THE HON'BLE MR JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.1717 of 2010 O R D E R: The petitioner is the plaintiff who filed the suit O.S.174/2004 on the file of the Senior Civil Judge, Bapatla for specific performance of the agreement of sale, said to have been executed by his own brother, sole defendant. During pendency of the suit, the sole defendant died on 24.06.2008. To bring the LRs of the deceased defendant, the petitioner herein filed IA.542/2008 stating that the 2nd respondent herein is the wife and respondents Nos.3 and 4 are the minor son and daughter of the deceased defendant. A counter was filed stating that the deceased defendant has a mother and she was alive, and she is also legal heir of the deceased defendant, as per Sec.8(a) of the Hindu Succession Act. The petitioner/plaintiff did not explain the reason for excluding her in the LR petition. It is not in dispute that the plaintiff and the deceased defendant are the natural brothers and it is also not in dispute that their mother is alive. The questions that were considered by the Court below are whether the plaintiff is entitled for the impleadment of respondents Nos.2 to 4 as legal heirs of the deceased defendant, and whether the petition is liable to be dismissed, as the plaintiff failed to bring the mother of the deceased defendant as one of the legal heirs. Considering the rival contentions of both sides, the Court below dismissed the said application on the ground that the mother of the deceased who is one of the legal heirs of the deceased defendant is not included in the LR petition. Unless all the legal heirs of the deceased are brought on record, the suits will not survive. I am of the opinion that the Court below rightly dismissed the said application on the ground that the mother of the deceased defendant is not included in the LR petition. I do not see any infirmity, legal or otherwise, to interfere with the impugned order. The Civil Revision Petition is accordingly dismissed. However, this order will not preclude the petitioner/plaintiff to file a fresh application to implead all the surviving legal heirs of the deceased defendant. No order as to costs. ________________ V.ESWARAIAH,J Dated: 05.08.2011 Dsr