Judgement

Dr. AR. LAKSHMANAN, J. :- Leave granted.

2. The above two appeals were filed against the judgment and order dated 20-6-2003 passed by the High Court of Judicature, Andhra Pradesh at Hyderabad in Appeal No. 720 of 1997 and Cross Objections, A.No.990 of 1997 and Cross Objections and Tr. A.S. Nos. 2450 and 2451 of 1999 whereby the High Court dismissed all the appeals filed by the appellants herein and allowed the Cross Objections in part to the extent indicated in the judgment.

3. The appellants before the High Court are the defendants in O.S. Nos. 7 and 287 of 1984 filed by Krishna Bhagavan and Seetharatnam. The appellants herein also filed O.S. No. 239 of 1985 seeking a decree for perpetual injunction restraining the respondents herein and some other third parties from interfering with the plaint schedule properties. Likewise, O.S. No. 82 of 1987 was filed by the appellants seeking a decree for perpetual injunction restraining the respondents from interfering with the plaint schedule properties. Against the dismissal of those two suits, the appellants filed C.M.A. No. 10 of 1988 on the file of the Additional District Judge who dismissed the appeal. The Principal Subordinate Judge, by her order dated 29-4-1997, passed in O.S. Nos. 7 of 1984 and 287 of 1984 decreed the suits. The other two suits filed by the appellants for injunction were dismissed with costs. The appellants filed four appeals before the High Court which were dismissed. The cross objections filed by the respondents were allowed in part. Aggrieved against the judgment in A.S. Nos. 720 of 1997 and 990 of 1997, the above appeals were filed in this Court.

4. The facts and circumstances which led to the filing of the appeals and 4 suits may be noted in brief:-

One Pentakota Srirammurthy who is the father of the appellants herein got married with the first respondent herein Pentakota Seetharatnam in the year 1952. The marital life with the first wife was not very happy. Srirammurthy started living with one Alla Kantamma who is divorced from her first husband as per caste custom in the year 1954. Soon after the divorce, Alla Kantamma and Srirammurthy started living as man and wife in the same village itself. Alla Kantamma was accepted as the second wife. Srirammurthy and Alla Kantamma begot two sons - Pentakota Satyanarayana and Pentakota Prasadarao and one daughter - Villuri Susheela in the year 5-1-1956, 3-11-1958 and 17-12-1960. The second respondent - Krishna Bhagavan was born on 1-1-1963. He is the youngest son of one Paramesu, who is the natural brother of Pentakota Srirammurthy. Krishna Bhagavans father and mother died when he was aged hardly 3 years. Pentakota Srirammurthy brought him up and fostered him. The appellants father Pentakota Srirammurthy performed the marriage of his daughter i.e., the third appellant herein on 18-2-1976 and his son, the first appellant on 12-2-1981 in a befitting manner and printed invitation cards in his own name as father which is marked as Exhibits B4 and B5. The appellants father executed a Will regarding his properties and got it registered in the year 1980. Under the said Will, he made a provision to the first wife Seetharatnam - the first respondent herein for decent living (of an extent of 13 acres of land and house etc.) and given the rest of his properties to the appellants born through Alla Kantamma (second wife). True copy of the registered Will was marked as Exhibit B9 in the courts below and is annexed and marked as Annexure-P1. While so Seetharatnam surprisingly filed a suit O.S. No. 287 of 1984 seeking a decree for maintenance with a charge on Srirammurthys half share in the plaint schedule property and to provide her separate residence. It was stated in the plaint that Pentakota Srirammurthy died intestate on 20-11-1985 pending the suit and that the Will is neither true nor valid nor binding on her. She also denied the execution, attestation, registration etc. It was claimed in the plaint that consequent on th