SUNANDAMMA Vs. NARASIMHA REDDY

JUDGEMENT

(1.) This matter is listed for admission and I have heard the learned counsel for the appellants.

(2.) The factual matrix of the case of the plaintiff before the Trial Court while seeking the relief of partition and separate possession is that, preliminary decree was passed in O.S.No.197/2004 and the Trial Court granted the relief, as sought. As against the same, an appeal was filed in R.A.No.88/2010 and the same was dismissed confirming the judgment of the Trial Court and granted 1/5th share by metes and bounds. Thereafter, the plaintiff filed FDP No.18/2011, wherein Commissioner was appointed and the Commissioner, after visiting the spot, given the report and the Trial Court, after considering the report, accepted the report of the Commissioner and ordered that the plaintiff, respondent Nos.1 to 5 and 8 are allotted their respective shares as per the report of the Court Commissioner dtd. 21/6/2016 in pursuance of the preliminary decree passed in O.S.No.197/2004 and also observed that the report of the Court Commissioner shall be part and parcel of the final decree.

(3.) Being aggrieved by the judgment and decree passed in FDP No.18/2011, an appeal is filed in R.A.No.41/2017 and the First Appellate Court also, on re-appreciation of the material on record and also considering the grounds urged in the appeal, in detail discussed in Para Nos.10 and 11 and dismissed the appeal. Hence, the present second appeal is filed before this Court against the final decree and also against the judgment and decree passed in R.A.No.41/2017.