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1967 Supreme(AP) 14

GOPALRAO EKBOLE
Sri Venugopalaswamy Varu Temple – Appellant
Versus
Visweswara Prasad – Respondent


GOPAL RAO EKBOTE, J.

( 1 ) THESE two appeals arise out of O. S. No. 220 of 1959. These appeals are filed against the judgment of the First Additional Subordinate judge, Vijayawada, given on 19/07/1962.

( 2 ) THE necessary facts in order to appreciate the contentions raised before me may be briefly stated. Late Sri Velagaloti Dasaradharamayya was an eminent advocate and Public Prosecutor at Vijayawada. He acquired considerable immovable as well as movable properties from the earning of his practice as an advocate. He executed a will on 24-11-1933 which was subsequently amended by a codicil dated 14-9-1934 whereby he disposed of his personal as well as ancestral properties. In so far as his self-acquired property was concerned, he gave life interest to his three sons and the remainder was given to the grandsons. In the ancestral properly the three sons, since they were coparceners, they got the property in entirety after the death of the said Dasaradharamayya. Kodandaramayya was one ofof the three sons. This Kodandaramayya had taken to bad ways. He was addicted to drink and debauchery. The property which fell to the share of Kodandaramayya consisted of about 50 acres of land as well a



























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