JALADI JOSHI Vs. JALADI VENKATRAMAIAH

JUDGEMENT

(1.) This judgment disposes of CCCA No.11 of 1993, CCCA No.117 of 1993 and CCCA No.58 of 2008. CCCA No. 11 of 1993 was laid by the plaintiff in OS No.309 of 1986 on the file of the IV Additional Senior Civil Judge, City Civil Court, Hyderabad. CCCA No.117 of 1993 is laid by defendant Nos.6 and 7 who are the legal representatives of the 1st defendant being his wife and son. CCCA No.58 of 2008 is laid by defendants 2 to 4. However, the main fight is between defendants 2 to 4 on the one side and the defendant No.5 on the other side.

(2.) The facts of the case are that the 1st defendant is the father of the plaintiff and the father of the defendants 2 to 4. THE plaintiff laid the suit for partition in respect of Acs.3-50 cents of property standing in the name of the 1st defendant. THE schedule properties are situate in Survey Nos. 1 to 4, Golkonda Fort. THE 1st defendant allegedly acquired the same with the nucleus of the joint family properties.

(3.) Accordingly, a preliminary decree was passed. In the preliminary decree, no share was allotted to the 5th defendant, much less the share of defendants 2 to 4. Admittedly, the decree became final. Later, defendants 1 to 5 laid IA No.677 of 1989 to pass a final decree in terms of the preliminary decree. In the final decree, the petition schedule property was allotted to defendant No. 5. Defendants 1 to 4 were directed to execute a regular sale deed in favour of the 5th defendant. Aggrieved by the judgment, the defendants 2 to 4 laid CCCA No.58 of 2008.