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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
VENUTHURUMALLI GOPALA KRISHNA RAO
Bandlamudi Sambasiva Rao, S/o. Late Ramaiah – Appellant
Versus
Bandlamudi Krishna Murthy, S/o. Late Ramaiah – Respondent
Judgment:
VENUTHURUMALLI GOPALA KRISHNA RAO, J.
This second appeal under Section 100 of the Code of Civil Procedure (“C.P.C.” for short) is filed aggrieved against the Judgment and decree, dated 29.10.2021 in A.S.No.150 of 2015, on the file of the I Additional District Judge, Guntur (“First Appellate Court” for short), confirming the Judgment and decree, dated 13.04.2015 in O.S.No.164 of 2011, on the file of I Additional Senior Civil Judge, Guntur (“Trial Court” for short).
2. The appellant herein is the plaintiff and the respondents herein are defendants in O.S.No.164 of 2011.
3. The plaintiff initiated action in O.S.No.164 of 2011 with a prayer for partition and separate possession of 5/16th share in the plaint schedule properties.
4. The trial Court dismissed the suit. Felt aggrieved of the same, the unsuccessful plaintiff in the above said suit filed A.S.No.150 of 2015 before the First Appellate Court. The First Appellate Court dismissed the appeal confirming the decree and judgment passed by the trial Court. Aggrieved thereby, the unsuccessful plaintiff approached this Court by way of second appeal.
5. For the sake of convenience, both parties in the appeal will be referred to as
The burden of proof in establishing the validity of a will lies with the propounder; failure to prove joint ownership claims leads to dismissal of partition suits.
High Court cannot re-appreciate facts in second appeal unless substantial question of law shown and propounder must prove Will per statutory mandates.
A partition deed made in good faith to resolve family disputes is legally binding, and claims of ownership must adhere to existing rights.
A second appeal under Section 100 of the CPC can only be admitted if substantial questions of law arise; in this case, no such questions were found.
The validity of a family partition deed is upheld unless proven otherwise, and the burden of proof lies on the party challenging its authenticity.
The propounder of a Will must prove its execution and attestation in accordance with law, and any suspicious circumstances surrounding the Will must be dispelled for it to be considered valid.
(1) Second Appeal – In a second appeal, High Court shall not reverse findings of both Courts below except under few situations.(2) Hindu Succession (Amendment) Act, 2005 enables daughters to exercise....
A Will's validity can be proved by one attesting witness's credible testimony despite absence of others, and appellate courts must respect trial findings unless proven erroneous.
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