SADHINENI RAJANI Vs. SADHINENI HYMAVATHI

JUDGEMENT

(1.) This appeal is filed against the judgment dated 17.08.2011 rendered by the Court of II Additional District Judge, Ongole in A.S. No. 75 of 2010. Through the said judgment, the lower appellate Court decreed O.S. No. 4 of 2005 filed by respondents 1 and 2 herein in the Court of Senior Civil Judge, Addanki.

(2.) The relevant facts in brief are as under:

(3.) One Sri Sadhineni Venkatarao got various items of property through partition in the joint family, as well as through settlement from the first wife of his father. First appellant is the wife, second appellant and second respondent are daughters and first respondent is the mother of Venkatarao. He died on 15.09.2004. Respondents 1 and 2 that is mother and one daughter of Venkatarao filed O.S. No. 4 of 2005 for partition and separate possession of the suit schedule property. They pleaded that the first appellant who is the wife of Venkatarao is trying to alienate the property on the assumption that she is the absolute owner and that by operation of law, the property has devolved upon all the class-I heirs. The suit was resisted by the appellants by filing a written statement. According to them, the suit schedule property was the self-acquisition of Venkatarao and that the same is not available for partition. The trial Court dismissed the suit through judgment dated 30.11.2009. Aggrieved thereby, respondents 1 and 2 filed A.S. No. 75 of 2010 in the Court of II Additional District Judge, Ongole. The same was allowed on 17.08.2011 by taking the view that on the death of Venkatarao, the property has devolved by succession on all his class-I heirs. The third respondent is the brother of Venkatarao and since one of the items of the suit schedule property is a dwelling house, he too was impleaded in the suit. The fourth respondent was impleaded only in the context of verification of accuracy of revenue records.