THE HONOURABLE SRI JUSTICE A.GOPAL REDDY S.A.No.1296 of 2011 Date of Order: 01-11-2011 Between: Atluri Sri Gowri ..Appellant and Vadlamudi Ravindra Babu ..Respondent The Court made the following Judgment: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY S.A.No.1296 of 2011 Oral Judgment: This Second Appeal is directed against the judgment and decree of the XI Additional District and Sessions Judge, Gudivada, Krishna District in A.S.No.97 of 2011 confirming the orders passed in unnumbered E.A.No. of 2011 in E.P.No.160 of 2006 in O.S.No.611 of 1999, dated 19-08-2011 whereby the claim petition made by the appellant/petitioner to the suit schedule property, which is the subject matter of sale in E.P., has been rejected on the ground that the petitioner is not a Class II heir of Late Siva Ramakrishna and the original judgment debtor and his sister are Class II heirs and they will get a share in the E.P. schedule property and on the face of the record, there is no right for the petitioner to claim the property. When it is pointed out to the learned counsel for the appellant that Will deed executed will not indicate any vested reminder to the claim petitioner to claim as legal heir and the executing court, which entertains the third party’s claim, will have all the powers under Order VII Rule 11 CPC to reject the plaint to ensure that the litigation which is meaningless and bound to prove abortive should not be permitted to occupy the time of the court as held by the Supreme Court in AZHAR HUSSAIN v. RAJIV GANDHI (AIR 1986 SC 1253) and the lower court rightly rejected the plaint, counsel seeks permission of the Court to withdraw the Second Appeal to prevent the Court from interpreting the Will, with a liberty to file fresh claim petition. The permission to file fresh claim petition is rejected but the appellant is permitted to withdraw the Second Appeal. The Second Appeal is dismissed as withdrawn. No costs. _________________ A.GOPAL REDDY, J. 01-11-2011 Murthy