TIRUMALA TIRUPATI DEVASTHANAMS Vs. G PRABHAKAR RAO

JUDGEMENT

(1.) Heard both the learned Counsel.

(2.) The application C.M.A.M.P. No. 188 of 2009 is filed by the Petitioners 1 and 2, who are third parties to the main appeal, namely Tirumala Tirupathi Devasthanam and Rama Krishna Mutt, as proposed parties, under Section 151 of the Code of Civil Procedure, 1908 {"CPC" for brevity}, to grant leave to implead them in C.M.A, No. 830 of 2006. In another application, C.M.A.M.P. No. 1160 of 2010, same Petitioners invoking Section 263 of the Indian Succession Act, 1925 {"the Act" for brevity}, sought to revoke the orders of this Court in C.M.A. No. 830 of 2006 dated 21.06.2007 granting probate. Whereas, in the third application in C.M.A.M.P. No. 1161 of 2010 filed under Section 151 Code of Civil Procedure sought direction to the Respondents 1 to 3 and their transferees in title not to further alienate or create any third party interest in the land admeasuring Acs.10.37 gts in R.S. Nos. 170/1 and 172 of Tumkunta Village, Shameerpet Mandal, Ranga Reddy District, pending disposal of the above Revocation Petition.

(3.) The main appeal in C.M.A. No. 830 of 2006 arose out of an order in O.P. No. 1033 of 2002 dated 06.06.2006 on the file of the III Additional District Judge, Fast Track Court, Ranga Reddy District, which was filed, inter alia, seeking for grant of probate for the Will dated 19.07.2001 alleged to have executed by late Sri D.B. Parthasarathi. This Court, after taking into consideration the entire evidence and material on record afresh, came to the conclusion that the said Will dated 19.07.2001-Ex.Al should have been granted probate. Differing with the Court below, it was found that there are strong reasons not to accept the conclusion of the trial Court in rejecting the probate. Hence, allowing the appeal, this Court granted the probate in favour of the Appellants therein.