JILLELLAMUDI JAGADEESH Vs. JILLELLAMUDI SUBBAYAMMA

JUDGEMENT

(1.) The above revision is filed against the docket order dtd. 20/8/2022 in CFR No.3584 of 2022 passed by the learned Principal District Judge, Guntur, returning the plaint.

(2.) Plaintiffs filed the suit, CFR No.3584 of 2022, seeking the following reliefs:

(3.) In the plaint, it was contended interalia that plaintiffs' father is late Nageswararao and mother is 2nd defendant in the suit. The marriage between Nageswararao and 2nd defendant was solemnized on 9/5/1999. Nageswararao got two brothers by name Srinivasarao and Rajendra Prasad and their father's name is Chandraiah and mother Subbayamma, 1st defendant in the suit. Nageswararao and his family members alienated the ancestral joint family properties situated at Mulakaluru. The husband of 2nd defendant and father of plaintiffs began acquiring properties, described in the plaint schedule from 2010 onwards and constructions were made in suit schedule property. Plaintiffs and their father enjoyed the schedule properties jointly. 2nd defendant's husband fraudulently got a decree in HMOP No.64 of 2016 on the file of Senior Civil Judge, Sattenapalli against 2nd defendant, behind her back and decree for divorce was granted on 7/9/2016. In the cause title of said HMOP, the addresses of petitioner and respondent are shown as one and the same. Plaintiff's mother, i.e. 2nd defendant was misled and hence, failed to take proper steps. The 2nd defendant filed PLC No.86 of 2018 before the Legal Services Authority, Sattenapalli and the authority passed an award dtd. 8/12/2018 and without complying with the terms of the award, husband of 2nd defendant and father of plaintiffs, obtained loan from 5th defendant bank by playing fraud and in violation of terms of award. The father of plaintiffs executed a registered gift deed dtd. 23/3/2021 in favour of 3rd defendant and the said gift deed is without the consent of the plaintiffs. Plaintiffs ignored the gift deed executed by Nageswararao since the plaintiffs are also having a share. Eventually Nageswararao died due to cancer on 17/10/2021. The marriage of 3rd defendant with Nageswararao took place in the year 2017 is not valid and thus, filed the suit for the reliefs stated supra.