Andhra Pradesh High Court - Amravati
Sunnam Satyavathi vs Karri Nagarlingam 8 Others on 26 July, 2022
THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI
APPEAL SUIT No.986 of 2004
AND
CROSS OBJECTIONS (I.A.No.2 of 2004)
JUDGMENT:
Assailing the judgment and decree dated 28.02.1992 in
O.S.No.27 of 1984 on the file of Subordinate Judge,
Ramachandrapuram, the sole plaintiff filed the above appeal
suit.
2. Initially, plaintiff filed O.P.No.17 of 1983 as informa
pauperis for declaration of title in respect of A schedule property
and to deliver the same after evicting the 1st defendant and for
damages for use and occupation and to direct the 2nd defendant
to pay the plaintiff a sum of Rs.6,150/- towards arrears of rental
due on the B schedule property. Vide judgment and decree
dated 28.02.1992, suit O.S.No.27 of 1984 was decreed declaring
the plaintiff is the owner of A schedule property and directing
the 1st defendant to vacate the house within one month i.e. on
or before 28.03.1992. The decree further indicates that plaintiff
is entitled to file an application for determination of future
profits in respect of B schedule property. In respect of other
claims, suit was dismissed.
3. Against the said judgment and decree, plaintiff filed
appeal A.S.No.128 of 1992 and the respondents in the appeal
(defendants) filed Cross Objections in A.S.No.128 of 1992. The
lower appellate Court by order dated 08.11.1999 returned
appeal as well as the cross objections to present the same before
the proper Court and two months' time was granted. Pursuant
to the same, the sole appellant filed the above appeal
A.S.No.984 of 2004 and the 1st respondent herein filed Cross
Objections in A.S.No.984 of 2004.
4. Pending the appeal, sole appellant died on 07.04.2014.
ASMP No.1228 of 2017 was filed by one P.Veera Raghava Reddy
to bring him as legal representative of deceased sole appellant.
In the affidavit filed in support of the petition, it was pleaded
that the deceased appellant executed a registered Will dated
15.03.2007. In view of dispute with regard to genuineness of
the said Will, this Court by order dated 04.12.2017 directed the
learned Senior Civil Judge, Ramachandrapuram to conduct
enquiry and submit report. Pursuant to the same, learned
Senior Civil Judge, Ramachadrapuram conducted enquiry, in
which P.Ws.1 to 3 were examined and Exs.A-1 to A-3 were
marked on behalf of petitioner. On behalf of respondents, R.W.1
was examined and Exs.B-1 to B-3 were marked. However, the
documents were marked subject to proof and relevancy.
5. Learned Senior Civil Judge, Ramachandrapuram
submitted his report holding that the proposed legal
representative failed to prove the Will dated 15.03.2007 marked
as Ex.A-1, during the course of enquiry. Pursuant to
submitting the said report before this Court, no representation
was made on behalf of proposed party.
6. In view of the same, this Court directed the learned
counsel for 1st respondent to take out personal notice to
proposed 2nd appellant and also to counsel for appellant in the
lower Court. Learned counsel for the 1st respondent has filed
proof of service vide USR No.23274 of 2022 dated 24.05.2022.
The postal track report attached to the proof of service, shows
that notice was served on proposed appellant on 22.04.2022.
7. No objections were filed by the proposed appellant against
the report of learned Senior Civil Judge, Ramachandrapuram.
As per the said report referred supra, the Will said to have been
relied on by the proposed appellant, is not proved. Since the
sole appellant died and no legal representatives were brought on
record, the appeal stands abated.
8. Accordingly, the appeal suit is dismissed as abated. The
Cross Objections filed by 1st respondent also stands dismissed
as abated. No costs.
As a sequel, all the pending miscellaneous applications
shall stand closed.
_________________________
SUBBA REDDY SATTI, J
26th July, 2022
PVD
