- (1.) HEARD the learned counsel for the parties. This appeal has been filed against the judgment and order of the High Court of Andhra Pradesh dated 11/10/2002 passed in Second Appeal No. 71 of 1991.
(2.) THE facts have been stated in the impugned judgment and hence we are not repeating the same. The appellant's alleged adopted mother filed a suit for declaration that she is the hereditary trustee of the deity Sri Kanyaka Parameswari and is entitled to manage the property and perform pooja there. The plaintiff's case was that according to the will executed by her father on 19/8/1929 the right to perform pooja and manage the properties devolved upon his second wife Venkatamma and after her death Savitramma, the plaintiff, should take possession and manage the properties and in the event of her death without issue, the maternal grandsons of the testator, who are the defendants in the suit, should take possession of the properties and perform pooja.
(3.) DURING the pendency of the appeal filed by the defendants before the first appellate court, Savitramma died and the appellant herein had filed substitution application claiming to be her adopted son. The claim of the petitioner in the substitution application to be the adopted son of Savitramma was denied by the defendants. The first appellate court by an order dated 16/31/1987 allowed the substitution application of the appellant but finally came to the conclusion that he was not entitled to manage the property or perform pooja because he was not the natural son of Savitramma. The first appellate court held that the word "issue" in the will would not include an adopted son. That view of the first appellate court has been upheld by the High Court. Hence the present appeal.;