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U. DURGA PRASAD RAO
N. Sankara Prasad – Appellant
Versus
Prl Secy Rev Dept – Respondent
ORDER :
(U. Durga Prasad Rao, J.) :
The petitioner prays for writ of mandamus declaring the action of the respondents 3 and 4 in issuing pattadar pass-books (PPBs) and title deeds (TDs) to respondents 5 to 7 with Khatha Nos.2651, 2652 and 2650 respectively for the lands mentioned in the petitioner’s notice dated 17.06.2017 as illegal, arbitrary and consequently set aside the PPBs and TDs.
2. Petitioner’s case succinctly is thus:
(b) While so, V. Sarada / 6th respondent filed OS No.226/1987 on the file of Additional Senior Civil Judge, Guntur against Cherukuri Satyavathi and respondents 5 and 7 for partition of plaint schedule propertie
The court affirmed that prior final decrees in partition suits are binding and that claims based on wills must be established in separate proceedings.
The court ruled that only civil courts can determine the validity of property documents, overruling previous decisions on appeal maintainability regarding PPBs and TDs.
The court ruled that reliance on unproven wills is insufficient for claiming property rights, reaffirming the necessity of proper probate procedures.
An executing court cannot modify a final decree based on newly discovered evidence that was not previously disclosed, as this would violate principles of res judicata and due diligence.
The court affirmed the validity of a Will executed under proper procedures, ruling that mere relationships or opportunities do not imply undue influence unless proven with clear evidence.
Executions courts cannot alter final decrees based on belatedly introduced evidence without due diligence; concealment of known facts undermines later legal claims, affirming principles of constructi....
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