VARDHINEEDI SIVANI Vs. VARDHINEEDI NARASIMHA RAO

JUDGEMENT

(1.) This appeal is filed against the judgment and decree dated 30-07-2010 in O.S.No.112 of 2003 passed by the Court of VI Additional District Judge (Fast Track Court), Narsapur, West-Godavari District. The plaintiff is the appellant.

(2.) The plaintiff is a minor girl. She is the daughter of the 2nd respondent. THE 2nd respondent obtained a decree of divorce against the mother of the appellant. THE suit was filed by her through her maternal uncle, as next friend, for the relief of partition and separate possession of the suit schedule properties and allotment of 1/6th share to her. It was pleaded that all the items of suit schedule are joint family properties and being a coparcener, she is deemed to be in joint possession of the properties. It was alleged that the respondents 1 to 3 are trying to alienate the properties to her detriment. THE particulars of sale of certain items of property were incorporated in the plaint, by way of amendment.

(3.) There is no dispute that the appellant is minor. The suit filed by her through her maternal uncle was numbered and summons were issued. Written-statement was filed opposing the suit. The trial Court, initially framed two issues for consideration, viz.,