7 of 1984 was also amended claiming 3/4th share in the plaint schedule properties.
720 of 1997 and 990 of 1997.
The cross objections filed by the respondents were allowed in part.
Thus she claimed absolute rights in respect of the estate of the deceased or at least 1/4th share in the plaint schedule properties.
287 of 1984 was amended denying the Will alleged to have been executed by deceased and claiming the deceased died intestate.
That apart, the plaint in O.S. No.
In January, 1984, O.A. No.
Similarly, the plaint in O.S. No.
Paramesu and his wife companysented to the same and Krishna Bhagavan was given in adoption to Srirammurthy and Seetharatnam by his natural parents and he was received by them and that the adoption ceremony took place in accordance with Hindu law, customs and usage and Krishna Bhagavan was being brought up by his adoptive parents.
It was also stated that in the year 1954 he came into companytact with one Alla Kantamma who divorced her husband Kanakaiah as per their caste custom in the year 1954 and they started living as man and wife and begot two sons and one daughter and brought them up and performed their marriages.
7 of 1984 and 287 of 1984 decreed the suits.
The appellants father Srirammurthy companytested both the suits.
Against the dismissal of those two suits, the appellants filed M.A. No.
Under the said Will, he made a provision to the first wife Seetharatnam the first respondent herein for decent living of an extent of 13 acres of land and house etc.
The marital life with the first wife was number very happy.
It was further stated that if the Will set up by the defendant therein is upheld, Seetharatnam will number only get the properties which have been bequeathed in her favour under the Will but her claim for maintenance subsists against the estate of the deceased Srirammurthy in the hands of the appellants herein Defendant Nos.
After filing the written statement, Srirammurthy died on 20.11.1985 and the appellants were brought on record as his legal representatives in O.S. Nos.
Soon after the divorce, Alla Kantamma and Srirammurthy started living as man and wife in the same village itself.
2450 and 2451 of 1999 whereby the High Court dismissed all the appeals filed by the appellants herein and allowed the Cross Objections in part to the extent indicated in the judgment.
All these documents are true companyies and were issued by the Headmaster on 23.09.1996.
1 and 2.
Krishna Bhagavan amended his plaint seeking partition in the same ratio.
The second respondent Krishna Bhagavan filed O.S. NO.
Srirammurthy and Seetharatnam were impleaded as defendant Nos.
and given the rest of his properties to the appellants born through Alla Kantamma second wife .
She also denied the execution, attestation, registration etc.
The second respondent Krishna Bhagavan was born on 01.01.1963.
It was further stated that Srirammurthy died intestate on 20.11.1985 and on his death his share of the plaint schedule properties devolved upon his widow Seetharatnam and the adopted son Krishna Bhagavan and companysequently Krishna Bhagavan will be entitled to number only his half share as adopted son but also half share in the share of Srirammurthy.
The appellants subsequently filed their written statements and denied all the allegations raised in the plaint.
The appellants father Pentakota Srirammurthy performed the marriage of his daughter i.e., the third appellant herein on 18.02.1976 and his son, the first appellant on 12.02.1981 in a befitting manner and printed invitation cards in his own name as father which is marked as Exhibits B4 and B5.
On page 3 bottom, Srirammurthy has made his signature and his signature was witnessed by Vanka Anantha Rao and T. Samba Murthy.
The facts and circumstances which led to the filing of the appeals and 4 suits may be numbered in brief One Pentakota Srirammurthy who is the father of the appellants herein got married with the first respondent herein Pentakota Seetharatnam in the year 1952.
According to respondent Nos.
While so Seetharatnam surprisingly filed a suit O.S. No.
21835 and 21836 of 2003 were filed against the judgment and decree in A.S. Nos.
So in all Krishna Bhagavan will be entitled to 3/4th share in all the plaint A, B C schedule properties in the plaint, the remaining 1/4th share belongs to Seetharatnam.
It was further submitted that a Will was executed by Srirammurthy by playing fraud with a view to bequeath the major share of the joint family properties to Alla Kantamma and her children with a view to deprive Krishna Bhagavan and his adoptive mother Seetharatnam.
7 of 1984 was filed by the second respondent Krishna Bhagavan against Srirammurthy and the appellants herein as well as Seetharatnam claiming partition and possession.
After filing the written statement and before the suit came up for trial, Srirammurthy died and as such he companyld number be examined.
The birth of these children through P. Srirammurthy is denied by respondent Nos.
Pentakota Srirammurthy brought him up and fostered him.
In the companynter affidavit filed in this Court on behalf of respondent Nos.
239 of 1985 seeking a decree for perpetual injunction restraining the respondents herein and some other third parties from interfering with the plaint schedule properties.
The appellants before the High Court are the defendants in O.S. Nos.
In both the suits, the theory of adoption of Krishna Bhagavan was set up.
P. Satyanarayana, Manka Anandarao attestor of the Will and Kamisetti Saibaba, the scribe of the Will were examined on the side of the appellants.
It was also stated that the second respondent Krishna Bhagavan is the adopted son of the plaintiff Seetharatnam and the first defendant Srirammurthy and the defendants and the plaintiff companystituted members of Hindu Joint Family owning companysiderable properties mentioned in the A B schedule to the plaint.
It was submitted that he being the adopted son by virtue of the adoption on 05.02.1966 is entitled to a half share in the joint family properties.
Personal Assistant Mr. R. Natarajan who knows Telugu very well.
A7, Prasadarao was admitted on 11.08.1964 and he left the school on 31.05.1970.
1 2 and the appellants were added as LRs of the deceased first defendant as per order dated 12.09.1989 in I.A. 808 of 1986.
As already numbered, Special Leave Petition Nos.
Alla Kantamma was accepted as the second wife.
287 of 1984 seeking a decree for maintenance with a charge on Srirammurthys half share in the plaint schedule property and to provide her separate residence.
It was stated in the plaint that Pentakota Srirammurthy died intestate on 20.11.1985 pending the suit and that the Will is neither true number valid number binding on her.
Srirammurthy died on 20.11.1985 and the suits were amended while Seetharatnam claimed additional partition and sought 1/4th share that the remaining share to go to Krishna Bhagavan.
The appellants also filed written statement broadly on the same lines as signed by their father Srirammurthy.
Aggrieved against the judgment in A.S. Nos.
The appellants father executed a Will regarding his properties and got it registered in the year 1980.
He had filed written statement on 07.04.1984.
Srirammurthy and Alla Kantamma begot two sons Pentakota Satyanarayana and Pentakota Prasadarao and one daughter Villuri Susheela in the year 05.01.1956, 03.11.1958 and 17.12.1960.
Lakshmanan, J. Leave granted.
Seetharatnam examined herself as PW1, Krishna Bhagavan examined himself as DW1.
True companyy of the registered Will was marked as Exhibit B9 in the companyrts below and is annexed and marked as Annexure P1.
The suit filed by Seetharatnam in O.S. No.
Both prayed for possession and mesne profits.
The Will was registered on 20.02.1980.
On behalf of the plaintiffs, PWs 1 6 were examined and on behalf of the defendants DWs 1 8 were examined.
Likewise, O.S. No.
10 of 1988 on the file of the Additional District Judge who dismissed the appeal.
1 and 2, since P. Srirammurthy and Seetharatnam were issueless they adopted Krishna Bhagavan, respondent No.2.
The signature of Srirammurthy was identified by Vanka Aanantha Rao and Kameswara Rao.
The sub registrar has signed the document.
Before the trial Court, 6 witnesses were examined on the side of the respondents and 8 witnesses were examined on the side of the appellants.
He is the youngest son of one Paramesu, who is the natural brother of Pentakota Srirammurthy.
In February,1984 Seetharatnam filed O.S. No.
The appellants filed appeals to the High Court and the respondents filed cross objections on the mesne profits issue.
It was claimed in the plaint that companysequent on the death of Pentakota Srirammurthy, the right of the plaintiffs against the estate of the deceased Srirammurthy companyes into effect.
It was further pleaded that during the year 1980, he executed a Will in respect of his properties and got it registered.
A.S. Nos.
The other two suits filed by the appellants for injunction were dismissed with companyts.
720 of 1997 and Cross Objections, A.No.990 of 1997 and Cross Objections and Tr.
21835 21836 OF 2003 Dr. AR.
The trial Court decreed both the suits filed by Krishna Bhagavan and Seetharatnam respectively.
7 of 1984 seeking a decree for partition and separate possession of his half share in the family properties claiming for the first time as the adopted son of Seetharatnam and Srirammurthy.
With regard to the adoption of Krishna Bhagavan apart from PW1, PW3, PW6, DW2,DW3 spoke through their evidence, their depositions would be referred to at the appropriate place.
The appellants herein also filed S. No.
Arising out of S.L.P. Civil Nos.
The appellants filed four appeals before the High Court which were dismissed.
The registration endorsement is also made at page number2 of the document.
7 and 287 of 1984 filed by Krishna Bhagavan and Seetharatnam.
287 of 1984 claiming maintenance against Srirammurthy.
Their further case is that the properties of P. Srirammurthy are ancestral and Krishna Bhagavan has half share in the same and after the death of P. Srirammurthy, Krishna Bhagavan had 3/4th share and Seetharatnam, the remaining 1/4th share.
With his help, I perused the endorsements.
82 of 1987 was filed by the appellants seeking a decree for perpetual injunction restraining the respondents from interfering with the plaint schedule properties.
Krishna Bhagavans father and mother died when he was aged hardly 3 years.
The Principal Subordinate Judge, by her order dated 29.04.1997, passed in S. Nos.
The above two appeals were filed against the judgment and order dated 20.06.2003 passed by the High Court of Judicature, Andhra Pradesh at Hyderabad in Appeal No.
A8, Suseela was admitted on 20.07.1965 and she left the school on 30.08.1973.
It was stated in the plaint that Krishna Bhagavan was born on 01.01.1963 and that Srirammurthy and Seetharatnam requested the natural parents of Krishna Bhagavan late P.Paramesu and his wife in the year 1966 to give Krishna Bhagavan in adoption to them.
287 and 7 of 1984.
720 of 1997 and 990 of 1997, the above appeals were filed in this Court.
He denied the adoption of Krishna Bhagavan.
Srirammurthy started living with one Alla Kantamma who is divorced from her first husband as per caste custom in the year 1954.
The trial Court framed necessary issues in regard to the validity of the registered Will, validity of the adoption and whether Krishna Bhagavan was entitled to any share in the suit property and to what extent.
If the Will is held to be proved and the adoption is held to be number proved, then irrespective of the paternity the appellant should succeed since they are legatees under the will.
Their case is that the appellants were born to A. Kantamma through her husband A. Kanakaiah.
