THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY CIVIL REVISION PETITION No.2511 OF 2008 DATED: 08.03.2011 Between: Sultan Khatoon & 8 others. .... PETITIONERS And Ameena Khatoon & 6 others. .... RESPONDENTS ORDER: This Civil Revision Petition is directed against the order, dated 08.02.2008, in I.A.No.5715 of 2007 in A.S.No.287 of 2006 on the file of the learned II Additional Chief Judge, City Civil Court, Hyderabad, wherein the said application filed by the respondents 1 to 7 herein under Order I Rule 10 CPC, was allowed. 2. Heard both sides. Perused the record. 3. One Sardar Ali Khan filed the suit for partition against the petitioners and the respondents. Respondents herein remained ex parte in the suit. Petitioners herein contested the same. The suit was dismissed. Aggrieved by the same, the original plaintiff filed A.S.No.287 of 2006. During the pendency of the appeal, the original plaintiff-Sardar Ali Khan died on 12.08.2006. The present application is filed by some of the defendants in the suit, who remained ex parte, to get themselves transposed as appellants on the ground that being the mother, brothers and sisters of the deceased, they are his legal heirs. The appellate Court allowed the said application and aggrieved by the same, the present Civil Revision Petition is filed. 4. Learned counsel for the petitioners would contend that the appeal has abated and without filing the application for setting aside the abatement, the present application under Order I Rule 10 CPC is not maintainable. 5. It is seen that the present application-I.A.No.5715 of 2007 was filed within two months of the death of the deceased-Sardar Ali Khan and therefore the appeal has not abated by the date of filing of the said petition. It is not disputed that the respondents herein are the legal heirs of the deceased-Sardar Ali Khan. The suit is one for partition. Originally, respondents herein remained ex parte supporting the plaintiff, however the sole plaintiff died subsequent to filing of the appeal. Respondents, who are his legal heirs, sought to come on record as appellants by transposition. There cannot be any tenable objection for the same. Having regard to the fact that the suit is one for partition and the respondents are the legal heirs of the sole deceased-appellant, the impugned order, permitting the transposition of the respondents as appellants, does not therefore call for any interference by this Court. As the appeal is of the year, 2006, the learned II Additional Chief Judge, City Civil Court, Hyderabad is directed to dispose of the same at an early date, preferably within a period of four months from the date of receipt of a copy of this order. 6. Accordingly, Civil Revision Petition is dismissed. Interim stay granted on 11.07.2008 stands vacated. There shall be no order as to costs. _______________________ G.V.SEETHAPATHY, J 08th March, 2011. Tsy