IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE TWENTY THIRD DAY OF NOVEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR CIVIL REVISION PETITION No.3994 OF 2009 BETWEEN Yedla Suramma and two others. …PETITIONERS AND Yedla Suryanarayana and others. …RESPONDENTS Counsel for the petitioners: MR. K. SUBRAHMANYAM Counsel for the Respondents: MRS. S.P. RAJESWARI The Court made the following: - ORDER: Heard both sides. 2. The Court below has ordered cheque petition EA.No.88 of 2008 without noticing that the fourth respondent/fifth judgment debtor was reportedly dead on 07.04.2009. A memo to that effect was also filed before the court below on 24.04.2009 and the matter has been adjourned for taking steps. However, no steps were taken by the decree holder and the cheque petition was entertained and allowed. 3. Learned counsel for the petitioners brought to my notice the memo filed on behalf of the deceased fourth respondent dated 01.07.2009 giving the details of the legal representatives and points out that the legal representatives are not brought on record. 4. The impugned order passed on 08.07.2009 is, therefore, clearly in ignorance of the necessity to bring on record the legal representatives of the fourth respondent/fifth judgment debtor. The petitioners herein, who claim to be the legal representatives of the said fourth respondent, have questioned the impugned order on the ground that it is a void order. 5. In the circumstances, I am constrained to set aside the impugned order and by consent of the learned counsel on either side the petitioners in this revision, who are legal representatives of the judgment debtor No.5, are brought on record in EA.No.88 of 2008 before the Court below and the Court below is directed to hear both sides and pass appropriate fresh orders in EA.No.88 of 2008 expeditiously within a period of four (4) weeks from the date of receipt of copy of this order. The civil revision petition is accordingly allowed. There shall be no order as to costs. _____________________ VILAS V. AFZULPURKAR, J November 23, 2010 DSK