BHAVANAM SOWEILU REDDY Vs. BHAVANAM HANUMANTHA REDDY

JUDGEMENT

(1.) The present legal battle is in relation to the estate of the deceased Bhavanam Sambi Reddy. Bhavanam Rama Kotamma, 2nd respondent in A.S.No. 1331/98 and the defendant in O.S.No.43/95 on the file of Senior Civil Judge, Parchur, is the wife of the deceased Bhavanam Sarnbi Reddy. Bhavanam Hanumantha Reddy who filed O.S.No.43/95 on the file of Senior Civil Judge, Parchur claims to be the adopted son of the deceased Bhavanam Sambi Reddy and Bhavanam Rama Kotamma and also, had putforth the claim on the strengh of a Will. Bhavanam Sowrilu Reddy and Bhavanam Siva Reddy, the appellants in A.S.No. 133l/98 are the sons of Bhavanam Venkata Reddy, the brother of Bhavanam Sambi Reddy, who are defendants 2 and 3 in O.S.No.43/95 aforesaid. Respondents 4 and 5 in the Appeal are defendants 4 and 5 in the said suit. The appellants herein/defendants 2 and 3 in the suit filed O.P.No.7/91 on the file of Principal District Munsif, Guntur for succession certificate which was transferred and ultimately renumbered as O.P.No.2/95 on the file of Senior Civil Judge, Parchur and as against the said order C.M.A.No.2329/98 was filed by the unsuccessful petitioners in the said O.P. It is needless to say that the decision to be rendered in the C.M.A. would depend upon the result of the appeal A.S.No. 133 1/98. Hence both the matters are to be disposed of by this Common Judgment.

(2.) For the purpose of convenience the parties would be referred to hereinafter as arrayed in the original suit O.S.No.43/95.

(3.) Plaintiff Bhavanam Hanumantha Reddy as minor claiming to be the adopted son and also by virtue of a Will said to have been executed by deceased Sarnbi Reddy filed a suit O.S.No.61/91 on the file Subordinate Judge, Chirala for partition of items 1 to 13 and also recovery of possession of items 14 and 15 of the plaint schedule property and also for mesne profits on the ground that the territorial jurisdiction of the Subordinate Judge, Chirala is attracted in view of the fact that item No.1, immovable property covered by the possessory agreement of sale of Sambi Reddy is situated within the territorial jurisdiction of the said Court and consequent upon the establishment of the Court of Senior Civil Judge, Pachur the suit; was transferred and renumbered as O.S.No.43/95. Likewise, O.P.No.7/91 on the file of defendants 2 and 3 on the file of Principal District Munsif, Guntur praying for succession certificate originally against Rama Kotamma only, the 1st defendant, further impleaddd Bhavanam Hanumantha Reddy, the alleged adopted son of Sambi Reddy also was renumbered as O.P.No.2/95 on the file of Senior Civil Judge, Parchur.