In this civil revision petition, the High Court remanded the matter to the first appellate court to dispose of the appeal afresh, after considering the entire material and the unaddressed legal question regarding competing Will deeds.
Civil Revision Petition disposed of and matter remanded to the Principal Senior Civil Judge Court.
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THE HONOURABLE SRI JUSTICE P. SWAROOP REDDY
C.R.P.No.3900 OF 2009
Between:
Nallamothu Pushpaveni, W/o.Kotaiah
... Petitioner/respondent/Plaintiff and
Mothukuri Nageswara Rao, S/o. Late Veeraiah and Five others
...Respondents/Appellants/Defendants
THE HONOURABLE SRI JUSTICE P. SWAROOP REDDY
C.R.P.No.3900 OF 2009
ORDER:
This Civil Revision Petition is filed by Nallamothu Pushpaveni, who is the plaintiff in O.S.279 of 2008 and petitioner in injunction petition in I.A.No.916 of 2008, against the order of the learned Principal Senior Civil Judge, Kothagudem, in C.M.A.No.21 of 2008. C.M.A.No.21 of 2008 was filed by Mothukuru Nageswara Rao and five others, who are defendants in the suit against the order dated 07.11.2008 in I.A.No.916 of 2008 in O.S.No.279 of 2008 passed by the learned Principal Junior Civil Judge, Kothagudem, whereby interim injunction was granted restraining them from interfering with the possession of the property in dispute.
2. Heard both sides.
3. Learned counsel for the respondents brought to the notice of this Court that Ex.B1 Will deed dated 15.11.1988 came into
force after the death of the wife of the executant(Mothukuru Ramaiah) of the Will and that the present petitioner is claiming rights under Exs.A1 and A4 Will deeds, dated 12.07.1988 and 06.10.1988 respectively, stating that she came into possession of the property in dispute by virtue of those Will deeds, after the death of the wife of the executant(Mothukuru Ramaiah). Admittedly, this question was not considered by both the Courts below.
4. In the circumstances, the matter is remitted to the first appellate Court, i.e., Principal Senior Civil Judge Court, Kothagudem, directing to dispose of C.M.A.21 of 2008 afresh, after considering the entire material on record. Both parties are permitted to produce additional material if any, if they are so advised.
5. The Civil Revision Petition is accordingly disposed of. No costs.
P. SWAROOP REDDY, J.
8th September 2009 Rns
1 issue framed by the court
Whether the Civil Revision Petition should be disposed of or remanded for reconsideration on the question of Will deeds.
Nallamothu Pushpaveni
Mothukuri Nageswara Rao
P. Swaroop Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
