VEMURI RAMESH BABU Vs. VEMURI MARIYAMM

JUDGEMENT

(1.) The respondents had filed O.S.No.145 of 2015 in the Court of the Principal Junior Civil Judge, Managalagiri, Guntur District, against the petitioners herein for partition of the suit schedule property. The 1st respondent was married to late Sri V. Narasimha Rao. Respondent No.2 is the daughter of late Sri Narasimha Rao. The petitioner herein is the nephew of late Sri Narasimha Rao, i.e., the father of the petitioner is the brother of late Sri Narasimha Rao.

(2.) The dispute in the suit relates to an extent of 94 cents of land in D.No.293/C of Mandadam Village of Thulluru Mandal, Guntur District, which has been handed over to the CRDA authorities under the land pooling scheme initiated in that area.

(3.) The case of the respondents is that the respondents being wife and daughter of late Sri Narasimha Rao are entitled to half share of the said land while the petitioner claims that the 1st respondent and late Sri Narasimha Rao had separated and an informal divorce was also carried out between them under which the 1st respondent gave up all claims over the property of late Sri Narasimha Rao. The petitioner also claims that late Sri Narasimha Rao had executed a Will dtd. 25/7/1997 under which he left all his property to his mother late Sri Mahalakshmi, who passed away on 13/11/2006 leaving behind the petitioner as the absolute owner of the property. Apart from these contentions, the petitioner herein had also taken the stand that the 1st respondent had filed a statement dtd. 21/5/2016 before the CRDA authorities stating that she had no differences with her husband and that her husband had passed away on 28/7/1997.