SAJJA MALLESWARA RAO Vs. SAJJA NAGESWARA RAO

JUDGEMENT

(1.) THE respondents 1 and 2 herein filed O.S.No.8 of 1998 in the Court of Senior Civil Judge, Chirala, against the father of the appellant, by name, Somalingam (1st defendant) and respondents 3 to 9, for the relief of partition and separate possession of the suit schedule properties. During the pendency of the suit, the father of the appellant died, and accordingly the appellant was brought on record as defendant No.8. For the sake of convenience, the parties are referred to, as arrayed in the suit.

(2.) THE case of the plaintiffs was that one Sajja Mallaiah had five sons, by name, Somalingam, father of the appellant (8th defendant), Pardhasaradhi, husband of the 4th respondent, Sreenadham, father of the 3rd respondent, Kota Subbarao, father of the 2nd respondent, and Nageswara Rao, the 1st respondent. Mallaiah is said to have died intestate, leaving behind him 3 items of the suit schedule property.

(3.) THE trial Court decreed the suit on finding that there was prior partition of the properties left by late Sajja Mallaiah, and that his sons were enjoying their respective shares. THE plaintiffs filed A.S.No.143 of 2005 in the Court of I Additional District Judge, Ongole. THE appeal was partly allowed, through judgment dated 31-05-2010 and a preliminary decree is passed, directing that the 1st plaintiff is entitled to 1/5 in items 1 to 3 of the plaint schedule property and the 2nd plaintiff is entitled to 1/35th share in item No.1 only. THE shares of the defendants were also mentioned. Hence, this Second Appeal.