Smt. Penugonda Mahalaxmi Devi, Khm Dist v. Kandukuri Venkata Kondala Rao, Khm Dist And 2 Othrs

HON'BLE Dr. JUSTICE B. SIVA SANKARA RAO CIVIL REVISION PETITION No.2156 of 2013 ORDER :

Heard both sides.

2.

In fact, the suit is of the year 2012 before the Agency Court. The plaintiff mainly placed reliance upon the so-called Will, dated 29.06.2011. The contest of the 1st defendant, no other than the brother of the plaintiff, is that so-called Will was subsequently by unregistered document, dated 09.08.2011, cancelled and consequently the deceased died intestate. It is a matter requires trial, though originally there was ad interim ex parte injunction that was vacated by the Agency Court, which is the subject matter of the impugnment in the revision. This Court, while entertaining the C.R.P. and before admission on 08.05.2013 ordered existing status quo to be maintained by both parties.

3.

Having regard to the above, the revision is disposed of by upholding the interim status quo order pending disposal of the suit, with a direction to the Agency Court to dispose of the suit, preferably within six months from the date of receipt of the order. Miscellaneous petitions pending, if any, shall stand closed. No order as to costs.

____________________________ Dr. B. SIVA SANKARA RAO, J 20th November 2017.

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