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1997 Supreme(AP) 771

D.REDDAPPA REDDY
Masimukkula Narayana – Appellant
Versus
Masimukkula Suryakantham – Respondent


D. REDDAPPA REDDI, J.

( 1 ) THE defendants in OS. No. 550/92 on the file of the II Additional District munsif at Kakinada are the petitioners herein. They have preferred this revision petition against the order refusing to receive and mark in evidence a Will dt. 13-2-1992 on their behalf. The suit filed by the respondent is one for bare injunction against the petitioners in respect of plaint schedule properties. The main defence of the petitioners is that they are the absolute owners of the suit properties by virtue of the Will dt. 13-2-1992 said to have been executed by one Veerraju, the husband of the respondent, bequeathing the suit properties in their favour and no injunction can be granted against true owners. When the petitioners sought to mark the said Will during the course of trial, the respondent objected to the same on the ground that the will has to be proved only by way of Probate and a suit for injunction cannot be converted into one for Probate. The learned District Munsif, having upheld the respondent s objection, refused to receive and mark the Will dt. 13-2-1992. Hence, this revision petition.

( 2 ) IT is apparent from the impugned order that the learned District M








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