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2023 Supreme(SC) 1160

C. T. RAVIKUMAR, SANJAY KUMAR
Moturu Nalini Kanth – Appellant
Versus
Gainedi Kaliprasad (Dead through LRs. ) – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Y. Raja Gopala Rao, AOR Ms. Y. Vismai Rao, Adv. Mr. Y. Ramesh, Adv. Mr. Dhuli Gopi Krishna, Adv. Mr. Akshay Singh, Adv.
For the Respondent(s): Mr. Thomas P Joseph, Sr. Adv. M/S. Devasa & Co., AOR Mr. Shekhar G Devasa, Adv. Mr. Manish Tiwari, Adv. Ms. Thashmitha Muthanna, Adv. Mr. Shashi Bhushan Nagar, Adv. Mr. Vishwanath Chaturvedi, Adv.

JUDGMENT :

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 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 prayer in O.S. No. 113 of 1983 before the learned Principal Subordinate Judge, Srikakulam, filed through his guardian, was for declaration of his title to the suit properties that had belonged to Venkubayamma and for recovery of their possession fr

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