PATCHALA SRIRAMULU Vs. PATCHALA POLA RAO

JUDGEMENT

(1.) This appeal is filed against the dismissal of O.S.No.16 of 2002 filed by the appellant herein in the Court of Senior Civil Judge, Pithapuram. The sole defendant is his brother. The suit was filed for partition of the suit schedule properties viz., a rice mill and vacant plots. He pleaded that some of the suit schedule properties were acquired by their father, and others, by their grandfather, and that they have devolved upon himself and the respondent, in equal shares. He made a reference to O.S.No.94 of 1993 filed by him in the Court of Junior Civil Judge, Pithapuram for dissolution of partnership firm and stated that a specific finding was recorded therein to the effect that the rice mill is not part of any partnership business at all. He has also stated that the respondent filed O.S.No.85 of 1992 against him for the relief of perpetual injunction in respect of item No.1 of the suit schedule property and that the suit was dismissed as not pressed. He prayed for the relief of partition of the suit schedule properties into two parts and allotment of one part to him.

(2.) The respondent filed written statement opposing the suit. He denied the various allegations made by the appellant. He admitted that he filed O.S.No.85 of 1992 for the relief of injunction, but stated that it was dismissed as not pressed. He too made a reference to O.S.No.94 of 1993 and the result that ensued therein. Anther plea raised by him was that the family properties were divided about 15 yeas prior to the filing of the present suit between himself and the respondent and that it is not maintainable. According to him, there is nothing joint between himself and the appellant.

(3.) Through judgment, dated 13.10.2003, the trial Court dismissed the suit.