KOTHAPALLI RAMA RAO Vs. BOBBA RATNA KUMAR

JUDGEMENT

(1.) Plaintiffs in O.S.No.189 of 2011 on the file of learned Principal Junior Civil Judge, Avanigadda filed these four Civil Revision Petitions under Article 227 of the Constitution of India.

(2.) Respondent herein is the defendant in the suit.

(3.) The suit before the learned trial Court is for declaration of title of the plaintiffs over the plaint schedule property and for vacant possession of the same and for removal of the structures thereon and for eviction of the defendant from the said property and for costs and such other reliefs. Necessary issues were settled. Suit went for trial. On behalf of plaintiffs, PWs.1 to 5 were examined. On behalf of defendant, DWs.1 to 3 were examined. In contesting the claim of the plaintiffs, the defendant relied on two Wills. One such Will was Ex.B.2. This Will was said to have been executed by Smt. Yarlagadda Naga Ratnamma on 10/1/2000. The executant allegedly subscribed her signature on this Will. Plaintiffs in the suit have been contesting that the said Will was not executed by that woman and the said Will was a forged and fabricated document. Plaintiffs' further contention is that Smt. Yarlagadda Naga Ratnamma, who allegedly executed the Will, was illiterate and could not have subscribed her signature on the Will and that she was a marks woman and that the thumb mark and signature attributed to her on the disputed Will did not belong to her. It was in this factual backdrop, after conclusion of evidence on both sides and while the suit was coming up for hearing arguments on both sides, certain applications were moved by the plaintiffs and all those applications were dismissed by the learned trial Court and that forced the plaintiffs to come to this Court.