08 February 2016
Supreme Court
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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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