YOGI RAJ AMBEKAR Vs. A.SAVITHA RANI

JUDGEMENT

(1.) This is a Revision Petition filed aggrieved by the order dtd. 29/4/2024 passed by the learned II Additional District Judge, Nizamabad in I.A.No.744 of 2023 in O.S.No.27 of 2016, wherein, a petition filed under Sec. 65 of Indian Evidence Act with a prayer to permit to mark the xerox copy of Will Deed dtd. 18/1/1993 as Ex.B1 as secondary evidence on their behalf, has been dismissed.

(2.) Heard Sri G. Rajeshwar Rao, learned counsel for the revision petitioners/defendant Nos.1 and 6 and Sri P. Vishnuvardhana Reddy, learned counsel for the respondent No.1/plaintiff. Perused the record.

(3.) The case of revision petitioners is that paternal grandfather of revision petitioner No.2 namely Dr. Laxman Rao Ambekar was the owner and possessor of suit schedule properties 'A' and 'B'. The said Laxman Rao Ambekar died in the year 2016. He executed a Will Deed in the presence of Sri Hari Har Rao, a Senior Advocate and Sri B. Laxmi Narayana and attested by Advocate Sri Narsimha Reddy on 18/1/1993. The respondent No.1 who was divorced used to reside with his grandfather and assist him. Late Laxman Rao Ambekar allotted a share of the property to respondent No.1 as mentioned in the Will Deed. The respondent No.1 was collecting rents and original Will Deed was handed over to her and it is in her possession. The revision petitioners got a legal notice date 22/10/2016 issued requesting to hand over the Will Deed but she intentionally denied the same. Therefore, present petition under revision is filed, i.e. to permit to lead secondary evidence.