Telangana High Court
Smt.A Krishnaveni/ A. Padma vs G. Gurumurthy on 2 May, 2018
HON'BLE Dr. JUSTICE B. SIVA SANKARA RAO
C.C.C.A. No.28 of 2018
JUDGMENT :
The appellant is defendant No.3 in the suit. Among respondent Nos.1 to 3, respondent Nos.2 and 3 are defendant Nos.1 and 2. It appears there is a rival claim in relation to the property between said defendants/respondents inter se. The plaintiff, an advocate by profession, filed the inter-pleader suit invoking Order XXXV C.P.C. against the said defendant Nos.1 and 2 on one set and defendant No.3/appellant on another set, stating that late Ale Venkateswarlu, in his life time, delivered two sealed covers stating it to be his last Will and testament for safe custody with him and as said Venkateswarlu died on 18.11.2013 and he got two wives and daughter through second wife, who are the defendant Nos.1 to 3, from their dispute in relation to the property, which is the subject matter of the bequeathes in the Will and in view of the same, he is seeking by filing the suit to deposit the sealed covers in the Court to enquire the matter and to deliver the document to whom that was addressed in deciding any rival claims between them.
2. Defendant Nos.1 and 2 filed written statement stating Venkateswarlu married the 3rd defendant in the year 1963 and got two children in the years 1971 and 1973, both died in their infancy and disputes arose between the 3rd defendant and late Venkateswarlu in respect of adoption of a child and on other aspects and he retired as Dr.SSRB, J 2 C.C.C.A.No.28 of 2018 Senior Accounts Officer in A.P. State Handloom Weavers Cooperative Society Limited, Hyderabad, on superannuation in the year 1999 and constructed a house in 1977 and because of no children through first wife/3rd defendant, married the 1st defendant in 1980, with the consent and at the instance of the 3rd defendant, and blessed with the 2nd defendant on 20.01.1982 and a partition suit was already filed by one Ramanjaneyulu claiming as adopted son of the 3rd defendant that was ended in dismissal on contest. It is further averred that they also came to know of Venkateswarlu executed the so-called Will and kept in sealed covers with the plaintiff advocate for safe custody. The 3rd defendant, who is the appellant, appears did not choose to file written statement to contest the matter.
3. The scope of the suit is in fact very limited for deposit of the two sealed covers with the Court to hand over to whomsoever the Will is entitled to custody and there is no necessity in that suit to go into the proof of the Will, but for in the absence of any suit for declaration or dispute as to or to validity of the said Will raised with an independent cause of action. However, the trial Court went into the merits of the so-called Will beyond the scope of the lis. Once such is the case, the decree and judgment of the trial Court even without contest by the 3rd defendant when goes beyond the scope of the interpleader suit, same is liable to be set aside by remanding the matter, to give a fresh disposal by also affording opportunity to the appellant/3rd defendant, to dispose of the suit within the limited scope, Dr.SSRB, J 3 C.C.C.A.No.28 of 2018 preferably within three (3) months from the date of receipt of a copy of this judgment. Any applications pending to set aside the ex parte decree before the trial Court shall be directed to be closed as infructuous, by virtue of the appeal itself is allowed against the said decree.
4. With the above observations and directions, the appeal is allowed and remanded to the lower Court for giving fresh disposal.
Miscellaneous petitions pending, if any, shall stand closed. No costs.
____________________________ Dr. B. SIVA SANKARA RAO, J 2nd May 2018 mar