S NARAYANA REDDY Vs. S SAI REDDY

JUDGEMENT

(1.) This revision petition is directed against the order of the Subordinate Judge, Mahbubnagar, in LA. No. 82 of 1988 in O.S. No. 42 of 1972 filed by the plaintiff for passing a final decree in terms of preliminary decree.

(2.) The facts in brief that led to the filing of an application by the plaintiff for passing a preliminary decree in the partition suit are as follows:

(3.) The plaintiff filed the suit for partition and the Court passed a preliminary decree on 26-12-1973 declaring that he is entitled to l/3rd share in the plaint A,C and D schedule properties. The first defendant filed an appeal against that preliminary decree. The High Court confirmed the findings of the trial Court on 15-10-1984 holding that the plaintiff, the 4th defendant and the first defendant are entitled to 1/3rd share each and also directed the trial Court while passing a final decree to make appropriate provision for maintenance and marriage expenses of defendants 5 to 9 and maintenance of third defendant out of totality of joint family properties shall be borne equally by each of the plaintiff, 4th defendant and first defendant. The 10th defendant died long back when the appeal was pending. The marriage of the 5th defendant was performed subsequently with the expenses of the plaintiff.