ADUSUMALLI SRINIVASA RAO Vs. ADUSUMALLI SUBBA RAO

JUDGEMENT

(1.) 1st Defendant in the suit filed the above revision against the order dtd. 12/7/2022 in I.A.No.267 of 2021 in O.S.No.22 of 2014 on the file of XI Additional District Judge, Tenali.

(2.) 1st Respondent, being the plaintiff filed suit O.S.No.22 of 2014 against the revision petitioner and 2nd respondent herein seeking partition of plaint schedule properties.

(3.) As per the averments in the plaint, plaintiff and defendants are the children of Adusumalli Chalapathi Rao and Annapurnamma; that plaint A schedule property is the ancestral property of Chalapathi Rao; that plaint B schedule property was purchased by Chalapathi Rao under a registered sale deed dtd. 13/10/1983 and plaint C schedule property belonged to A.Annapurnamma and she purchased the same under a registered sale deed dtd. 31/12/1971; that brother of Chalapati Rao, by name Ramamohana Rao died intestate; that even after death of Ramamohana Rao, his heirs and Chalapathi Rao are jointly enjoying the joint family properties; that Chalapathi Rao and children of Ramamohana Rao partitioned the joint family properties under a registered partition deed dtd. 10/12/2018; that in the said partition, 'A' schedule property i.e. plaint 'A' schedule properties fell to the share of Chalapathi Rao and his children i.e. plaintiff and defendants 1 and 2; that Chalapathi Rao died intestateon 22/3/2009 and plaintiff, defendants 1 and 2 succeeded to item Nos.1 to 4 of plaint A and B schedule properties; that mother of plaintiff, defendants 1 and 2 purchased house site and constructed RCC building in the C schedule property; that Annapurnamma died on 27/5/2013 and that the plaintiff is entitled to 1/3rd share in plaint A, B and C schedule properties and filed the suit seeking partition.