KILAMBI VENKATA RANGACHARYULU Vs. KILAMBI GOPALAKRISHNAMACHARYULU AND OTHERS

JUDGEMENT

(1.) This appeal under Clause 15 of the Letters Patent is preferred against the judgment of Krishna Rao, J. in C.M.A. No.340 of 1957. The facts of the case are as follows:

(2.) It is further alleged that respondents 2 and 3 were managing the affairs of the 1st respondent and after the death of the second wife, respondents 2 and 3 were trying to mismanage the estate for their own benefit and therefore it is necesssary that an inquisition should be directed and a manager shall be appointed to the estate of the first respondent. The petitioner in the O.P. claimed that he would be the next heir of the 1st respondent and would inherit the 1st respondent's properties.

(3.) The application was numbered as O.P. 46/57 on 16-4-1957 and notices were ordered to be served for hearing on 26-4-1957. Meanwhile, i.e., on 23-4-1957, the 1st respondent himself filed a counter denying that he was never' a lunatic and accepting that he had allowed his wife to manage his properties because he was religious-minded. He contended that it was necessary to appoint a manager to manage the estate and prayed that the application may be dismissed.