UPPUTURI VENKATESWARLU Vs. UPPUTURI KOTESWARA RAO

JUDGEMENT

(1.) The Respondents 1 and 2 herein filed O.S. No. 248 of 2005 in the Court of Additional Senior Civil Judge, Ongole, against their elder brother, the Appellant herein, for partition and separate possession of the suit schedule properties, comprising of 11 items. The 3rd Respondent herein was shown as the 2nd Defendant, since he purchased an item of property from the Appellant.

(2.) After receiving the summons in the suit, the Appellant filed a written-statement, admitting that, all the items, except item 10 of the suit schedule properties are owned by the joint family and that he has No. objection for partition of the said properties into three equal shares, to be distributed among the three brothers. The Respondents 1 and 2 did not insist on partition of item No. 10. Taking note of these admissions by the respective parties, the trial Court dispensed with the recording of evidence and passed a preliminary decree on 27-02-2006, directing partition of items 1 to 9 and 11 of the suit schedule, into three equal shares and allotting one share each, to the Appellant and his brothers, i.e., Respondents 1 and 2.

(3.) The Appellant filed A.S. No. 107 of 2006 in the Court of I Additional District Judge, Ongole, against the preliminary decree.