K KRISHNA KUMARI Vs. DRAPANENI KRISHNA KUMAR

JUDGEMENT

(1.) The petitioner is the wife of one Sri K. Ankineedu Prasad. They have got four daughters and the respondent is the son of one of the daughters. Ankineedu Prasad purchased an item of immovable property of about Ac. 1.00 of land, through sale deed, dated 11.02.1993. He is said to have died on 30.01.2002. After death of Ankineedu Prasad, one of his daughters filed O.S. No. 355 of 2008 in the Court of the Principal Junior Civil Judge, Srikalahasti for partition and separate possession of the said item of property. The respondent and his mother were made as parties to the suit. They remained ex parte. The trial Court passed a preliminary decree directing that the property be divided into five equal shares and one each be allotted to the wife i.e. the petitioner herein and her daughters. Final decree proceedings are said to be pending.

(2.) The respondent filed O.S. No. 55 of 2006 against the petitioner for the relief of perpetual injunction in respect of the same property. He pleaded that his grandfather Ankineedu Prasad executed a will, dated 15.11.1999, bequeathing the property in favour of his mother i.e. one of the daughters of Ankineedu Prasad and on the death of the executant, the property devolved upon the mother of the respondent. It was also pleaded that the mother of the respondent executed a gift deed in his favour in respect of the said property and thereby, he became the absolute owner.

(3.) The trial of the suit commenced. The petitioner disputed the very execution of the will by her husband. On an earlier occasion, she filed I.A. No. 527 of 2012 with a prayer to direct the respondent herein to produce the original of the will. The respondent gave a reply stating that the will is in the custody of his mother. Thereupon, the petitioner filed I.A. No. 768 of 2012 under Order 16 Rules 6 and 7 C.P.C. with a prayer to direct the mother of the respondent i.e. Anantha Pushpavathi to produce the will. The trial Court dismissed the I.A., through order, dated 21.11.2012. Hence, this revision.