AUDIMULAM GOVINDAMMA Vs. AUDIMULAM SUBBA RAO

JUDGEMENT

(1.) The deceased - 1st appellant, Govindamma, had two sons, by name Venkateswarlu (the deceased - 2nd appellant) and the sole respondent herein. She filed O.S. No. 88 of 1992 in the Court of Additional Senior Civil Judge, Ongole, against the respondent, for the relief of perpetual injunction in respect of the suit schedule property. During the pendency of that suit, Govindamma filed a memo not pressing the suit and it was accordingly dismissed.

(2.) Stating that Govindamma executed a deed of settlement on 18.09.1981, in his favour, her second son Venkateswarlu, the 2nd appellant, filed an interlocutory application, for restoration of the suit. The suit was accordingly restored. He pleaded that the respondent has ' absolutely no right or interest vis-a-vis the suit schedule property and that he cannot interfere with the possession and enjoyment thereof.

(3.) Govindamma, on the other hand, filed O.S. No. 104 of 1995 in the same Court against her elder son, the 2nd appellant herein, for the relief of cancellation of the settlement deed, dated 18.09.1981. The respondent herein came on record as L.R., on the death of the sole plaintiff. His wife and children got impleaded as defendants 2 to 4 on the basis of a Will said to have been executed by Govindamma in their favour.