KUDUMULA KISHORE REDDY Vs. KUDUMULA KRISHNA REDDY

JUDGEMENT

(1.) This revision, under Article 227 of the Constitution of India, is directed against the order dated 28.06.2010 passed by the learned District Judge, Mahaboobnagar in CFR No. 2552 of 2010 whereby the plaint filed by the petitioner herein was returned.

(2.) Facts, in brief, are that the revision petitioner filed the suit for partition in C.F.R. No. 2552 of 2010 before the learned District Judge, Mahaboobnagar seeking partition and separate possession of his due share out of the suit schedule property basing on a Will dated 27.12.2006 said to have been executed by his paternal grand father by name Kudumula Janga Reddy, who is the half share holder of the suit schedule property. However, the court below took an objection stating that the suit for partition is not maintainable basing on a Will and returned the plaint by its order dated 28.06.2010. The same is questioned in this revision.

(3.) Since the present issue is in between the Court and the petitioner, the usual notice to the respondents is dispensed with.