JUDGEMENT
L.NAGESWARA RAO,J. -
(1.) The Appellant filed a civil suit for a declaration that she is the adopted daughter of the Respondent and Late
Narasimhulu Naidu. She sought for partition of the suit
schedule property. The suit was dismissed and the
judgment of the trial court was upheld by the High Court
of Andhra Pradesh at Hyderabad. Aggrieved by the
judgment, the Appellant has filed the above Appeal.
(2.) O.S. No. 190 of 2004 was filed by the Appellant in the City Civil Court, Hyderabad. It was averred in the
plaint that both the natural parents and the Appellant
died when she was very young. Her mother is the sister
of the original Respondent M. Sarla Devi (died)-
Respondent herein. Appellant pleaded in the suit that
she was brought up as the daughter of the Respondent
M. Sarla Devi and her husband Late Narasimhulu Naidu.
In the records of School and College, the names of the
original Respondent and her husband were entered as
the parents of the Appellant. Even in the government
records like ration card, etc., the Appellant was
mentioned as the daughter of the original Respondent
and her husband.
(3.) Narasimhulu Naidu worked as a Lift Operator in the Andhra Pradesh State Electricity Board (APSEB) and
retired on 30.06.1999. In his service record, the
Appellant is referred to as his daughter. The Appellant
has been nominated in the application for pension of
Narasimhulu Naidu. It was the case of the Appellant in
the plaint that her adoptive parents initially did not
approve the marriage of the Appellant with the person
of her choice, but later arranged a grand reception at
Hotel Swagat, Ameerpet, Hyderabad. Narasimhulu
Naidu was the absolute owner of a building situated at
Srinivas Nagar East, Gayatri Nagar, Ameerpet,
Hyderabad. He also purchased certain other properties.
Narasimhulu Naidu supplied textile materials and
clothes to the employees of the APSEB and the
Appellant was looking after the business. Narasimhulu
Naidu died intestate on 19.08.2003. According to the
Appellant, she along with the Respondent succeeded to
the entire estate of Narasimhulu Naidu and that she is
entitled to half share of his properties. It was submitted
that due to the ill-advice of relatives, the original
Defendant- M. Sarla Devi turned against the Appellant
and was making an attempt to alienate the properties.
As the negotiation for an amicable settlement failed, the
Appellant was constrained to file a suit for a declaration
that she is the adopted daughter of the original
Respondent and Narasimhulu Naidu, and for partition of
the properties belonging to Narasimhulu Naidu.;
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