ADDANKI VENKATA RUKMINIAMMA Vs. CHILAKAMARTHI KRISHNAMURTHY
HIGH COURT OF ANDHRA PRADESH
ADDANKI VENKATA RUKMINIAMMA
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(1.) This application is filed by respondent 1 in Appeal No. 36 of 1954 to direct the appellant to furnish security for costs awarded in the trial Court and for costs to be incurred in the High Court.
(2.) The provision of law that governs the application is O. 41, R. 10, Civil P. C. which runs in the following terms :
"The appellate court may, in its discretion, either before the respondent is called upon to appear and answer or atterwards on the application of the respondent, demand from the appellant accruity for the costs of the appeal, or of the orginal suit, or of both. Provided that the Court shall demand such security in all cases in which the appellant is residing out of India, and is not possessed of any sufficient immoveable property within India other than the property (if any) to which the appeal relates."
(3.) The respondent herein filed O. S. No. 2 of 1952 on the file of the Subordinate Judges Court of Ongole for a declaration of his title to the plaint "A" Schedule property on the ground that he was adopted by his uncle Chilakamarthi Adinarayana and for other reliefs. The petitioner, who resisted the suit, is the daughter of Adminarayana and she contended that the respondent was not adopted by her father.She also alleged that the properties were conveyed to her under a registered settlement deed executed by her father in 1951. The Subordinate Judge of Ongole in a careful and elaborate judgment held the adoption was not true and that the petitioner was entitled to the properties under the settlement deed excecuted by her father. The appeal is filed by the alleged adopted son.;
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