Nandula Venkata Satyakumar, vs Addepalli Seethamahalakshmi,
2022 Latest Caselaw 3138 AP

     HIGH COURT OF ANDHRA PRADESH::AMARAVATI
 MAIN CASE No: S.A.NO.66 OF 2022
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9    29.06.2022
                  KSR,J
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S.A.NO.66 OF 2022

Defendant Nos.1 and 2 in O.S.No.189 of 2014 on the file of the court of Principal Senior Civil Judge, Tenali are the appellants. The respondent Nos.1 and 2 herein filed the above suit seeking partition of the suit schedule property into three equal shares and to allot one such share each to the plaintiffs. The plaintiffs/defendant Nos.1 and 2 contested the suit by filing a written statement. After an elaborate trial, the trial court dismissed the suit by way of judgment and decree, dated 19-11-2018. On an appeal, the lower appellate court allowed the Appeal and granted decree of partition. Aggrieved by the same, the present Second Appeal is filed.

Heard Sri V.S.R.Anjaneyulu, learned Senior Counsel representing Ms.Vangala Sailaja, learned counsel for the appellants.

In view of the above facts and circumstances and in view of the following substantial questions of law,

(a) Whether the lower appellate court is correct in arriving at a conclusion that Ex.B-2, a registered Will dated 22-02-1980, executed by Nandula Parvathamma @ Parvati is created one?

(b) Whether the lower appellate court is correct in reversing the judgment of the trial court in respect of the finding about the genuineness of the joint Will, dated 16-04-2008 executed by Venkata Narayana along with his wife Smt.Subbalakshmi?

(c) Whether the lower appellate court is correct in arriving at a conclusion that the plaintiffs are entitled for plaint relief for partition, in the circumstances of the case?

ADMIT the Second Appeal.

_________________ K.SURESH REDDY,J I.A.NO.1 OF 2022

For the reasons mentioned in the accompanying affidavit and taking into consideration of the submissions made by both the learned counsel, there shall be an interim stay of passing of a Final Decree only, but all other proceedings may go on.

Notice.

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                                                                             K.SURESH REDDY,J
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