( 1 ) MASULIPATAM Municipality represented by the Commissioner is the appellant in Appeal No. 366 of 1956 and the petitioner in CRP Nos. 805 and 806 of 1956, The appeal as well as the revision petitions arise out of O. S. No. 41 of 1952 on the file of the Subordinate Judges Court, Masulipatam instituted by Rallabandi Kama Chandrayya (since deceased) for appointment of an administrator to take possession of all moveable and immoveable properties of late J. V. Subba Rao and to pay off the legacies to the plaintiff and other legatees mentioned in plaint D schedule and for carrying out all the objects and directions set forth in the will of the testator D/- 20-6-1942 and marked as Ex. A-2. The suit was originally tiled against three defendants. The 1st and 2nd defendant were executors and trustees of the estate of late J. V. Subbarao. The 3rd defendant claimed that he was the adopted son of late J. V. Subbarao. The appellant was added as the 4th defendant by reason of the order passed on I. A. No. 1648 of 1952 dated 10-1-55. The 1st plaintiff having died during the pendency of the suit, his son was added as the 2nd plaintiff. The administration suit was instituted on 12-4-1952. On the

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