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2010 Supreme(SC) 1377

MARKANDEY KATJU, T.S.THAKUR
Diyyala Gopala Krishna Murthy – Appellant
Versus
Pullagura Dhanalakshamma – Respondent


ORDER :

1. Heard learned counsel for the parties.

2. This appeal has been filed against the judgment and order of the High Court of Andhra Pradesh dated 11th October, 2002 passed in Second Appeal No. 71 of 1991.

3. The facts have been stated in the impugned judgment and hence we are not repeating the same.

4. The appellant's alleged adopted mother filed a suit for declaration that she is hereditary trustee of the deity Sri. Kanyaka Parameswari and is entitled to manage the property and perform Pooja there. The plaintiff's case was that according to the Will executed by her father on 19th August, 1929 the right to perform Pooja and manage the properties devolved upon his second wife Venkatamma and after her death Savitramma, plaintiff, should take possession and manage the properties and in the event of her death without issue, the maternal grand sons of the testator, who are defendants in the suit, should take possession of the properties and perform Pooja.

5. During the pendency of the appeal filed by the defendants before the first appellate court, Savitramma died and the appellant herein had filed a substitution application claiming to be her adopted son. The claim of the petition in

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