GRANDHI VEERA VENKATA SATYA Vs. GRANDHI SREERAMA MURTHY

JUDGEMENT

(1.) These two appeals arise out of a common judgment in O.S.Nos.54 of 2005 and 84 of 2003 in the Court of IX Additional District & Sessions Judge, (Fast Track Court), Visakhapatnam, dtd. 31/10/2006 and as such they are being disposed of together. The parties in these appeals are the same. However for ease of convenience, the parties are being referred to as they were arrayed in O.S.No.54 of 2005.

(2.) The plaintiff has appeared and argued his case as party in person. Sri Challa Dhananjay has appeared for the 3rd defendant. There is no representation for the remaining defendants.

(3.) Late Sri Grandhi Suryarao had three sons, viz., the plaintiff and defendants 1 and 2, and 8 daughters. One daughter is said to have committed suicide on 10/2/1997 and another daughter has been missing for quite some time. The remaining six daughters are arrayed as defendants 4 to 9. Late Sri G. Suryarao and his wife had acquired the suit schedule property by way of a deed of sale dtd. 10/8/1966, which was marked as Ex.A.2. The wife of Sri G. Suryarao had passed away earlier in the year 1994 and Sri G. Suryarao passed away on 18/6/1998. The suit schedule property, consists of a RCC slab building with ground floor and 1st floor, is situated in 180 sq. yards of land bearing D.No.46-15-9 of Dondaparthy village Division No.31 of Visakhapatnam. The plaintiff had filed O.S.No.369 of 2003 on the file of I Additional Senior Civil Judge, Visakhapatnam for partition of the suit schedule property, between himself and defendants 1 and 2 only. While this suit was pending, the defendants 1, 2 and 4 to 8 had executed a sale deed conveying the suit schedule property to the 3rd defendant by way of a deed of sale dtd. 19/8/2003. Subsequently, the 9th defendant had executed a supplementary deed in favour of the 3rd defendant on 6/9/2003. This sale and supplementary deed were assailed and challenged by the plaintiff, by way of O.S.No.84 of 2003. Later O.S.No.369 of 2003 was transferred to the District Court and renumbered as O.S.No.54 of 2005 for joint trial to be heard along with O.S.No.84 of 2003.