P.PRAMILA RANI Vs NARASAMMA .
Bench: ANIL R. DAVE,ADARSH KUMAR GOEL
Case number: C.A. No.-001102-001103 / 2016
Diary number: 5530 / 2011
Advocates: MERUSAGAR SAMANTARAY Vs
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NONREPORTABLE IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS.11021103 OF 2016 (Arising out of SLP(C)Nos.2052120522 of 2011)
P. PRAMILA RANI ... APPELLANT(S)
VS.
NARASAMMA & ORS. ... RESPONDENT(S)
J U D G M E N T
ANIL R. DAVE, J. 1. Leave granted.
2. While hearing these appeals, by an order dated 21st
September, 2015 we had directed that additional evidence
be adduced before the trial court and in pursuance of the
said order, learned 1st Additional Civil Judge (Senior
Division), Bangalore Rural District, Bangalore, in
Original Suit No.71/1999, had permitted the parties to
lead further evidence so as to know whether the present
appellant P. Pramila Rani is daughter of Late Shri
A. Punnuswamy Naidu.
3. We have received report of the learned Judge on 23rd
January, 2016, along with the evidence adduced before the
said Court, in a sealed cover. It was opened and upon
perusal thereof we found that the appellant has adduced
sufficient evidence to show that she is the daughter of
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Late Shri A. Punnuswamy Naidu.
4. In the circumstances, we set aside the impugned
judgments of the High Court (i) dated 10th November, 2010
passed in Regular First Appeal No.266/2005; and (ii) dated
10th January, 2011 passed in Review Petition No.484/2010,
and remit the matters to the High Court so that the High
Court can decide them afresh after considering the
evidence, which had been adduced before the trial Court,
in pursuance of our order dated 21st September, 2015.
5. The parties shall appear before the High Court on 8th
March, 2016 so that a date for further hearing can be
decided. We are sure that the High Court shall do the
needful at an early date.
6. The appeals are allowed with no order as to costs.
Pending application, if any, stands disposed of.
7. The Registry shall send the report received from the
learned 1st Additional Civil Judge (Senior Division),
Bangalore Rural District, Bangalore, containing additional
evidence adduced before the trial Court, in a sealed
cover, to the High Court for its consideration.
..............J.
[ANIL R. DAVE]
.................J. [ADARSH KUMAR GOEL]
New Delhi; 8th February, 2016.
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