V SRISAILAM Vs. V KRISHNA MURTHY

JUDGEMENT

(1.) This judgment shall dispose of all the seven City Civil Court Appeals. The parties are related. Two suits were filed for partition of plaint-A schedule immovable properties and plaint-B schedule business concerns and plaint-C schedule movable properties. Two other suits were filed by one of the defendants for dissolution and accounts of two firms. It is convenient to refer to the parties as they are arrayed in the suit filed by Veesamsetti Krishna Murthy. The following genealogy table would show the relationship of the parties to the suit. Veesamsetti Srisailam (died) <IMG>JUDGEMENT_500_ALD1_2003Image1.jpg</IMG>

(2.) Veesamsetti Buggaiah was a businessman mainly dealing in hardware, cement and paints. All his sons as shown in the genealogy chart were also engaged in similar business. Veesamsetti Buggaiah died on 4.12.1978. Sixth son V.Krishna Murthy filed O.S. No. 1164 of 1979 before the Court of III Additional Judge, City Civil Court, Secunderabad, against his brothers, mother and sister seeking partition of plaint-A, B and C-schedule properties into 72 parts, and to allot 10 such parts to him. The same was transferred to the Court of Additional Chief Judge, City Civil Court, Secunderabad and re-numbered as O.S. No.29 of 1983. His brothers, Yadagiri, Narsimhulu, Lakshmi Narsimhulu, Ayodhya Ramulu, Koteswar Rao and Srisailam are arrayed as defendants 1 to 6, his mother as seventh defendant and his sister as eighth defendant. The fifth defendant in O.S. No.29 of 1983 Veesamsetti Koteswara Rao filed separate suit being O.S. No.262 of 1980 on the file of the Court of III Additional Judge, City Civil Court, Secunderabad praying for partition of same properties and for allotment of 10/72th share in his favour. The said suit was also transferred to the Court of Additional Chief Judge, City Civil Court, Secunderabad and was renumbered as O.S. No.37 of 1983. The sixth defendant in O.S. No.29 of 1983 Veesamsetti Srisailam filed two suits being O.S.Nos.1101 and 1100 of 1979 on the file of the Court of III Additional Judge, City Civil Court, Secunderabad. These were transferred to the Court of Additional Chief Judge, City Civil Court, Secunderabad and were renumbered as O.S. Nos.73 and 468 of 1983. The suit O.S.No.73 of 1983 was filed for accounts and winding up of the partnership firm M/s.Veesamsetti Buggaiah. In the said suit, defendants 1 to 4 in O.S. No.29 of 1983 were arrayed as defendants. The suit, O.S. No.468 of 1983 was filed for accounts and winding up of the firm known as M/s.Anantha Lakshmi Hardware Stores. Defendants 3 and 4 and plaintiff in O.S.No.29 of 1983 are the defendants in O.S.No.468 of 1983. All the four suits were disposed of by common judgment dated 31.12.1992 by the Court of Additional Chief Judge, City Civil Court, Secunderabad.

(3.) The learned trial Judge decreed O.S.Nos.29 and 37 of 1983 for partition and separate possession and further directed that the plaintiffs are entitled for rendition of accounts and profits derived from B-schedule business concerns and for mesne profits. The suits filed by the sixth defendant being O.S.Nos.73 and 468 of 1983 were dismissed in view of the findings recorded on various issues in the other two suits.