LAWS(TLNG)-2018-8-25

PENKE PALLAYYA Vs. PENKEY VENKATA RAMANA AND ORS.

Decided On August 10, 2018
Penke Pallayya Appellant
V/S
Penkey Venkata Ramana And Ors. Respondents

JUDGEMENT

(1.) Assailing the order dtd. 3/4/2018, passed in I.A.No.596 of 2018 in O.S.No.105 of 2016 on the file of the Principal Junior Civil Judge, Kakinada, wherein the petition filed by the petitioner/1st defendant under Order XVI Rule 1(2) and 14 and Sec. 151 of the Code of Civil Procedure seeking to issue summons to the 2nd plaintiff-Penkey Anand Kumar was dismissed, the present Civil Revision Petition came to be filed under Article 227 of the Constitution of India.

(2.) The facts in issue are as under:-

(3.) A counter came to be filed by the respondents 1 and 2 denying the allegations made in the petition. It is their case that the 2nd plaintiff never acted as an attester to the un- registered Will dtd. 16/2/2009 and that Late Kannaya never executed the alleged Will in favour of the petitioner/1st defendant.