IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD MONDAY, THE TWENTYSEVENTH DAY OF APRIL TWO THOUSAND TEN PRESENT THE HONOURABLE SRI JUSTICE B. PRAKASH RAO CIVIL REVISION PETITION No. 2 1 7 3 of 2009 Between : Pothakamuri Sundara Raju … Revision Petitioner Defendant-J.Dr. V/s. Mandava Seetha Ramaanjaneyulu & 4-Ors. … Respondents Plaintiffs-D.Hrs. Counsel for the Revision Petitioner: Sri K.V.R. Krishna Sharma Counsel for the Respondents : Sri GLV Ramana Murthy THE HONOURABLE SRI JUSTICE B. PRAKASH RAO CIVIL REVISION PETITION No. 2 1 7 3 OF 2009 O R D E R : Aggrieved of the docket order dated 24-3-2009 passed in E.P.No. 31 of 2009 in OS.No. 159 of 1992 by the Principal Junior Civil Judge, Narsaraopet, the present Civil Revision Petition has been filed by the judgment-debtor. 2. Heard both sides. At their request, the main Revision is taken up for final disposal. 3. In this Revision, the Revision Petitioner herein, who is the son of original Judgment debtor seeks to assail the impugned docket order, wherein delivery warrants issued on 24-3-2009. 4. The main contention of the learned counsel for the Revision Petitioner is that even when the original judgment debtor died on 07- 2-2009, no steps have been taken to bring the legal heirs on record and fresh delivery warrant was directed to be issued on 24-3-2009 against a dead person. Hence, the Revision. 5. On 26-2-2009 delivery warrants were not yet returned and fresh delivery warrant issued. On 24-3-2009 delivery warrant returned unexecuted and fresh delivery warrant issued. Again on 22-4- 2009 fresh delivery warrant issued. On 05-6-2009 delivery warrant not yet returned and fresh delivery warrant issued. On 29-5-2009 delivery warrant not yet returned. On perusal of the chronological events of docket order, it is seen that no steps have been taken to bring the legal representatives of the deceased on record. Therefore, the objection raised by the revision petitioner is quite sustainable, since no steps have been taken against a dead person to bring the legal heirs on record. 6. In the facts and circumstances of the case, the impugned docket order dated 24-3-2009 passed in E.P.No. 31 of 2009 in OS.No. 159 of 1992 by the learned Principal Senior Civil Judge, Narsaraopet is set aside, leaving open for the respondent to take appropriate steps to bring the legal representatives on record in accordance with law. 7. In the result, the Civil Revision Petition is allowed. No costs. ___________________________ JUSTICE B. PRAKASH RAO 27-04-2010. I s L THE HONOURABLE SRI JUSTICE B. PRAKASH RAO CIVIL REVISION PETITION No. 2 1 7 3 OF 2009 CIRCULATION ENTRY No. 191 Date: 27-04-2010 Court Master : I s L Computer No. 43