G VARALAKSHMI Vs. G SRINIVASA RAO

JUDGEMENT

(1.) Leave granted.

(2.) The late G. Ramanujulu Naidu had four sons - G.K. Kuppu Swamy Naidu, G.R. Varadaraula, G.R. Sripathi Naidu and G.R. Gajapati Naidu, G.K. Kuppu Samy Naidu had two sons Mohan Babu and G. Srinivasa Rao (1st Defendant). Defendant No. 2 is the wife of Defendant No. 1 They have four daughters namely Vinodini, Vinita, Vibha and Shalini and one son G.S. Ravi Kumar who married the first plaintiff in the year 1978 and the 2nd plaintiff was born to them in the year 1980. G.K. Kuppusamy effected the partition as alleged by the plaintiffs, sometime prior to 31.12.1964. He, before dying in 1976 executed a Will on 25.10.1973, which was in the custody of the first defendant. After the death of G.S. Ravi Kumar in tragic circumstances, the plaintiffs issued notice to the defendants to partition the properties; belonging to the joint family, but they allegedly did not cooperate. Hence a civil suit was filed.

(3.) The defendants admitted relationship between them and about Kuppu Swamy dying in the year 1976 and leaving behind a Will dated 1.11.1975. As many as 9 issues were framed by the trial court and a preliminary decree was passed for partition of item No. 7 into three shares of which two belonged to the plaintiff. The remaining suit was dismissed on the ground of non-joinder of necessary parties.