THE HON'BLE MR JUSTICE V ESWARAIAH CIVIL REVISION PETITION Nos.4565, 4566 and 4567 of 2011 DT.21.10.2011 Between: Siddigari Jayamma w/o Eswaraiah … Petitioner And Bandla Yedukondalu s/o Hanumaiah and 2 others. … Respondents Counsel for the Petitioner: Srio Poluri Prabhakar Rao Counsel for respondent: Sri The Court made the following JUDGMENT: THE HON'BLE MR JUSTICE V ESWARAIAH CIVIL REVISION PETITION Nos.4565, 4566 and 4567 of 2011 COMMON ORDER: The petitioner is the plaintiff who filed the suit O.S.No.111/2001, on the file of Principal Senior Civil Judge, Narsaraopet against the 3rd respondent herein/ defendant based on the promissory note and the said suit was decreed. It is stated that at the time of filing of the suit he has filed an application for attachment before the judgment and the same was ordered and the E.P schedule property stood in the name of G.Anjamma, who is no other than the mother-in-law of the Judgment Debtor. Thereafter, the petitioner filed E.P.45 of 2006 for recovery of the decree debt by bringing the attached E.P schedule property for the sale. When the property was brought for sale, the respondents 1 and 2 herein filed E.A.No.488 of 2007 claiming the E.P schedule property stating that they have purchased the same from the original owner G.Anjamma through a registered sale deed dated 14-2-2002. Evidence was adduced by all the parties and when the claim petition was posted for arguments, at that stage, the petitioner herein/decree-holder filed three applications i.e., E.A.No.11 of 2009, E.A.No.12 of 2009 and E.A.No.10 of 2009 in E.A.No.488 of 2007 in E.P.No.45 of 2006 in O.S.No.111 of 2001, on the file of the Principal Senior Civil Judge, Narsaraopet, respectively, to reopen the matter, to produce the Will dated 25-7-1998 for the purpose of marking the same before the S.R.O, Narasaraopet and to summon the S.R.O, Narasaraopet to give evidence in respect of Will dated 25-08-1998. The said applications were dismissed separately on 07-07-2011. It is the case of the claimants that said Anjamma herself executed a Registered Sale Deed dated 14-2-2002 in their favour and no steps have been taken to declare that the said Registered Sale Deed is not true and valid and that Anjamma has no right whatsoever to sell the same and the validity of the Will need be looked into. I am of the opinion that subsequent to the Will, if the same original owner alienates the said property there will not be any validity of the Will. Therefore, I am of the opinion that the Court below rightly dismissed the said applications. I do not see any infirmity legal or otherwise in the orders impugned. The revisions are accordingly dismissed. No costs. _______________ (V.ESWARAIAH,J) DATE: 21.10.2011 grk THE HON'BLE MR JUSTICE V.ESWARAIAH CIVIL REVISION PETITION Nos.4565, 4566 and 4567 of 2011 DT.21.10.2011 GRK