IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH : HYDERABAD WEDNESDAY, THE TWENTY SECOND (22nd) DAY OF JUNE, TWO THOUSAND AND ELEVEN Present: HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRP No.1118 of 2004 Between: Vuyyuru Appreddy (died) & another …Petitioners And: Yeluru Nagabhushanam (died) & others … Respondents HON’BLE SRI JUSTICE G.V.SEETHAPATHY Civil Revision Petition No.1118 of 2004 ORDER: This revision is directed against the order dated 08.01.2004 in EA No.696 of 1994 in OS No.369 of 1968 on the file of the I Additional Junior Civil Judge, Guntur, wherein, the said application filed by the 2nd petitioner herein under Section 146 CPC seeking to come on record as legal representative of the deceased first petitioner, was dismissed. 2. Heard both sides. Perused the record. 3. The first petitioner herein filed a suit in OS No.369 of 1968 for specific performance and the same was decreed. The 3rd respondent herein filed suit O SNo.228 of 1983 against the first respondent and petitioners herein, for partition. The said suit was decreed granting preliminary decree for partition of items 1 and 3 in to two equal shares and rejected the partition of item 2 and consequently, the said suit against 2nd petitioner herein, was dismissed. Item 2 in the suit OS No.228 of 1983 is said to be the same item of the property in respect of which first petitioner- plaintiff obtained a decree for specific performance in OS No.369 of 1968. It is stated that in spite of decree for specific performance and injunction granted against him, 3rd respondent herein started interfering with the petitioner’s possession and enjoyment of the subject property. The 2nd petitioner filed EA No.696 of 1994 under section 146 of CPC seeking to come on record as legal representative of the deceased first petitioner, who died subsequent to passing of the decree in OS No.369 of 1968, while the suit OS No.28 of 1983 was pending. According to the petitioner, 2nd petitioner was recognized as legal representative of the deceased first petitioner in OS No.228 of 1983. The 2nd petitioner claims the legal heir ship to the first petitioner by virtue of Will dated 30.11.1983. The original of the said Will has not been produced before the trial Court on the ground that it was filed in some other suit. Certified copy of the Will was filed and marked as Ex.A.1. The trial Court dismissed the application on the ground that the Will is not produced and the same is not duly proved by the 2nd petitioner to establish his claim of legal heir ship to the deceased first petitioner. The certified copy of the decree and judgment in OS No.228 of 1983 in which the 2nd petitioner herein was said to have been recognized as legal representative of the deceased first petitioner, was also not produced before the trial Court. In the absence of any such evidence, the impugned order holding that the petitioner failed to establish that he was the legal representative of the deceased first petitioner cannot be found fault with. The learned counsel for the petitioner submits that an opportunity may be given to the petitioners to adduce necessary evidence to establish his claim of legal heir ship of the deceased- first petitioner by remanding the matter to the trial Court. 4. In the circumstances, as the Will is said to have been duly filed in some other suit and the 2nd petitioner is said to have been recognized as legal representative of the deceased-first petitioner in other proceedings, it is considered that an opportunity can be given to the petitioners to cause production of the said Will before the trial Court and adduce necessary evidence to establish his claim of legal heir ship to the first petitioner based on the said Will. The impugned order dismissing the application is therefore set aside and the matter is remanded to the trial Court for fresh disposal in accordance with law on its merits, after giving an opportunity to both sides to adduce necessary evidence. 5. In the result, the civil revision petition is disposed of accordingly. No order as to costs. __________________ G.V.SEETHAPATHY, J Date: 22.06.2011 bss