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2023 Supreme(Online)(SC) 2145

SANJAY KUMAR, J
Moturu Nalini Kanth – Appellant
Versus
Gainedi Kaliprasad (dead, through LRs.) – Respondent


Advocates:
For the Appellants/Petitioners:
For the Respondents:

Table of Content
1. claim of property based on adoption and will. (Para 1 , 2)
2. challenge against adoption and will validity. (Para 3)

JUDGEMENT

SANJAY KUMAR, J 1. Moturu Nalini Kanth, then a minor, claimed absolute right and title over the properties of late Venkubayamma under registered Will Deed dated 03.05.1982. It was also claimed that he was adopted by her, as evidenced by registered Adoption Deed dated 20.04.1982. Nalini Kanth was not even a year old at that time, as he was born on 10.07.1981. O.S. No. 113 of 1983 was filed by Nalini Kanth, through his guardian, for declaratory and consequential reliefs in respect of Venkubayamma’s properties. The learned Principal Subordinate Judge, Srikakulam, held in Digitally signed by GEETA AHUJA Date: 2023.11.20 11:41:46 IST Reason:

    Signature Not Verified his favour, vide judgment dated 30.09.1989, and decreed the suit. However, in appeal, the High Court of Andhra Pradesh held against Nalini Kanth, vide judgment dated 11.12.2006, and allowed Appeal Suit No. 2695 of 1989 filed by Gainedi Kaliprasad, Venkubayamma’s grandson through her deceased daughter, Varalaxmi. Hence, this appeal by Nalini Kanth. 2. Nalini Kanth’s pra








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