VIPPERLA NAGESWARA RAO Vs. VIPPERLA SRIDEVI

JUDGEMENT

(1.) The 1st defendant in O.S.No.585 of 1996 on the file of the learned Principal Junior Civil Judge, Khammam is the appellant. The 2nd respondent is his brother.

(2.) The 1st respondent filed the suit against the appellant and the 2nd respondent, for the relief of declaration of title and perpetual injunction in respect of Ac.1.33 guntas of land in Survey Nos.95 and 109 of Raghunadhapalem Village of Khammam Urban Mandal and District. She pleaded that she is the daughter of one V.Mangaiah through his second wife and that during his life time, he executed a will, dated 13.09.1990, bequeathing the suit schedule property in her favour. She pleaded that the appellant and the 2nd respondent, who are the sons of Mangaiah through his fist wife, started interfering with her possession of the property.

(3.) The suit was resisted by the appellant alone. The 2nd respondent remained ex parte. He pleaded that his mother late Ramulamma alone was married to his father-Mangaiah and that the 1st respondent has no concern with their family. He denied any relationship between his family and the 1st respondent. The trial Court decreed the suit through judgment, dated 16.08.1999. Aggrieved thereby, the appellant filed A.S.No.26 of 2002 in the Court of the learned II Additional District Judge (Fast Tract Court-I), Khammam. The lower appellate Court dismissed the appeal on 28.01.2004. Hence, this Second Appeal.