LAWS(APH)-2011-11-77

PRAGADA SATYARAO Vs. NALLAMILLI GURUNADHARAO

Decided On November 17, 2011
PRAGADA SATYARAO Appellant
V/S
NALLAMILLI GURUNADHARAO Respondents

JUDGEMENT

(1.) The plaintiffs in O.S. No. 23 of 1995 on the file of the Senior Civil Judge, Rajam, are the appellants. The suit was filed for the relief of declaration of title and perpetual injunction or in the alternative for recovery of possession of the suit A, B, C and D schedule properties. The relevant facts pleaded by them are as under:

(2.) Heard Sri M.V.S. Suresh Kumar, Learned Counsel for the appellants and Sri K.V. Subrahmanya Narsu, Learned Counsel for the respondents.

(3.) The dispute in the suit is in relation to the properties left by late Ramamurthy. While the 1st appellant is the only son of Ramamurthy, one of his daughters, by name, Kanakaratnam died and her estate is represented by respondents 1 and 2; respondents 4 and 5 are his other daughters. In the normal course, the property has to devolve by way of succession on Class-I heirs or the respective branches of such heirs. The appellants wanted to scuttle the devolution through succession by pleading a Will, marked as Ex. A-3. The trial Court and the lower appellate Court disbelieved the Will. The appellants are not able to convince this Court to take a different view.