J U D G M E N T

(Judgment was delivered by S.S. SUNDAR, J. )

This Original Side Appeal is directed against the order of the learned Single Judge dated 07.06.2023 in A.No.4939 of 2022 in C.S.No.238 of 2022 filed by the plaintiff in the suit, directing the appellant/defendant to furnish security for the suit claim.

2.Brief facts that are necessary for the disposal of this Appeal are as follows :

2.1.The appellant and respondent are brothers and sons of Late S.M.Bhakthavatchalu Naidu. A valuable property of the father of parties S.M.Bhakthavatchalu Naidu was acquired for a public purpose by the State Government by issuing a notification under Section 4(1) of the Land Acquisition Act dated 20.09.2001. After declaration under Section 6 of the Act by notification dated 20.09.2002, there is no dispute that the property was taken possession by the Government.

2.2.It is admitted that the father S.M.Bhakthavatchalu Naidu executed a registered Will dated 05.09.2003 bequeathing the properties equally in favour of the appellant and the respondent excluding all other legal heirs including the mother. On 10.10.2003, father S.M.Bhakthavatchalu Naidu died leaving behind his wife, his sons-appellant and