The petition in I.A.No.1/2016 (A.S.M.P.No.1990/2016) is filed by the
proposed party respondent, by name Komma Kanaka Chintaiah, under
Order I, Rule 10 read with Section 151 of C.P.C., with a prayer to permit him
to contest the main appeal as a legal representative of deceased sole
respondent as prayed in the affidavit of the petitioner.
2. The brief averments in the affidavit of the petitioner in I.A.No.1/2016
(A.S.M.P.No.1990/2016) are as follows:
The sole respondent, by name Kolusu Gangamma, was his maternal
grandmother‟s sister and her husband died long back in the year 1950 or 1951
and she had no children, as such she fostered him and got him educated also
and she had also love and affection towards him and during her life time, she
filed a suit against the appellants herein in O.S.No.11 of 1994 on the file of
Senior Civil Judge‟s Court, Machilipatnam, with a relief to cancel two
registered sale deeds dated 01-02-1991 and 16-02-1991 in favour of the
2nd defendant and on contest, the learned trial Judge decreed the suit in her
favour and the appellants herein preferred an appeal in the year 1999.
He further pleaded that during her life time in a sound, disposing state of mind
in the year 1991, she executed a registered Will dated 03-9-1991 before the
Sub Registrar, Vuyyuru, bequeathing her properties in his favour.
Subsequently, his maternal grandmother Kolusu Gangamma died on
30-11-2007 at Vuyyuru and he was not aware of the stage of proceedings
before the High Court and recently at about two years prior to filing of this
application, he came to know after the demise of his grandmother that the
matter is coming to bring legal representatives of his grandmother on record
and as such, as a legatee under the Will of his maternal grandmother Kolusu
Gangamma, he intends to come on record as a respondent in the main appeal
to contest the main appeal proceedings before this Court and that the
petitioner is constrained to file this application.
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