RAVALURU VENKATA SUBBAMMA Vs. RAVALURU SOMASEKHAR

JUDGEMENT

(1.) THE petitioner filed O. S. No. 25 of 2005 in the Court of Junior Civil judge, Kadapa, against the respondent, for the relief of declaration of title and perpetual injunction, in respect of the suit schedule property. The respondent filed written statement opposing the claim. He based his claim to the suit property on a will, dated 26. 7. 1956, executed by his grandfather, by name Subbaiah. The trial of the suit commenced and the Will was marked as Ex. B. 1. After the evidence was closed, the petitioner filed I. A. No. 191 of 2007 under Section 45 of the Indian evidence Act (for short 'the Act'), read with Order 26 Rule 10-A of C. P. C. The application was opposed by the respondent, mostly on the grounds of delay. The trial Court dismissed the I. A. , through its order, dated 14. 11. 2008. Hence, this C. R. P.

(2.) HEARD Sri P. Veera Reddy, learned counsel for the petitioner, and Sri G. Venu gopal Reddy, learned Counsel for the respondent.

(3.) THE claim made by the petitioner, for the relief of declaration of title and perpetual injunction, was opposed by the respondent, on the strength of the Will, dated 26. 7. 1956, which was marked as Ex. B. 1. It is ultimately for the respondent to prove the will, to the satisfaction of the trial Court.