KANDANURU VENKATADRI Vs. KANDANURU UDAYAKIRAN KUMAR

JUDGEMENT

(1.) This civil revision petition arises out of the order and decree dated 21.12.2018 passed in IA No. 56 of 2017 in IA No. 47 of 1998 in OS No. 49 of 1992 on the file of the court of Senior Civil Judge, Gudur, SPSR Nellore District.

(2.) Heard learned counsel for the revision petitioner and learned counsel for the respondent.

(3.) The petitioner is the plaintiff, who has filed the suit for partition of the suit schedule properties against the respondents 1 to 4/defendants. Learned Senior Civil Judge, Gudur has passed a preliminary decree in the partition suit. The petitioners have filed a petition for passing of final decree in terms of the preliminary decree. The trial court has appointed an Advocate Commissioner to divide the plaint schedule property among the parties by metes and bounds for passing final decree. There are two house properties (item Nos. 2 and 3 of the plaint schedule), which could not be divided by metes and bounds and therefore, the petitioner has filed a petition under Section 2 of the Partition Act seeking permissior of the court to sell the properties. The trial court has granted permission for selling the properties and divide the share of sale proceeds among the sharers.