KOYA NARASIMHA RAO Vs. MUTHAVARAPU BULLEMMA

JUDGEMENT

(1.) The plaintiff is the petitioner. The 1st defendant is the wife of Muthavarapu Venkatrayudu, who died in or about 1960 leaving behind him the 1st defendant, his widow, and a son by name Krishna Leelarao. The 2nd defendant is the wife of Krishna Leelarao. They have a son, who is the 3rd defendant besides two daughters. Krishna Leelarao died in about 1967, survived by his widow the 2nd defendant, a son (3rd defendant)' two daughters and his mother, the 1st defendant. The family owned extensive properties in the villages of Ungutur and Kambhampadu.

(2.) While so, disputes arose between the defendants 1 and 2 who are mother-in-law and daughter-in law respectively. The 1st defendant was constrained to leave the family house and take up residence elsewhere. She filed O.P.No. 34/1971 informa pauperis in the Court of the Subordinate Judge, Guntur, against the plaintiff, defendants 2 and 3 and others for partition and separate possession of her share of joint family properties. That suit was decreed. It was held that the 1st defendant was entitled to 13/40th share, the 3rd defendant to 18/40th share and the 2nd defendant and her two daughters to 3/40 the share in the joint family properties. A preliminary decree was passed on 5th November, 1977. Questioning that decree an appeal was filed in the High Court but was compromised in so far as it related to defendants 1 to 3.

(3.) While so, the plaintiff filed O.S.No. 1185/1979 on the file of the IV Additional District Munsifs Court, Guntur, against defendants 1 to 3 and another for a permanent injunction restraining them from interfering with his possession and enjoyment of the suit properties. The planit schedule consists of 9 items. Items 1 and 3 are situated in Ungutur village, while items 5 to 9 are situated in Kambhampadu village. Item 9 is the separate property of the 2nd defendant.