B AGNIS MARRY Vs. KANAPARTHI JAMIMA RAJA KUMARI

JUDGEMENT

(1.) B.Agnis Marry, the fourth respondent in S.O.P. No. 17 of 1998 on the file of the Court of Ill-Additional District Judge, Guntur, had preferred this Civil Miscellaneous Appeal, being aggrieved of an order made by the learned Judge dated 21-7-2000 granting succession certificate in favour of first respondent-petitioner, Kanaparthi Jamima RajaKumari.

(2.) The appellant is the second wife of the deceased, Kanaparthi Vedantha Deva Roy, The first respondent is the daughter of the said Kanaparthi Vedantha Deva Roy through his first wife, who is no more.

(3.) The specific case of the respondent petitioner is that her father, Kanaparthi Vedantha Deva Roy died on 3-7-1997 testate executing last registered Will in a sound disposing state of mind n 15-1-1996. The claim for the issuance of a succession certificate by first respondent-petitioner was resisted by the appellant-respondent No.4 denying the very execution of the Will as such. The learned Judge recorded the evidence of P. Ws. 1 to 5 and R.Ws. 1 and 2, marked Exs.A-1 to A-3 and Exs.B-1 to B-12 and after framing the points for consideration and on appreciation of evidence came to the conclusion that the first respondent-petitioner is entitled to the issuance of succession certificate. Aggrieved by a portion of the order, the present Civil Miscellaneous Appeal had been preferred.