SUMATHI Vs. T. SREERAMULU

JUDGEMENT

(1.) Defendants in the suit filed the above second appeal. Respondent/plaintiff filed suit O.S.No.300 of 2005 on the file of Additional Senior Civil Judge, Chittoor, and seeking partition of plaint schedule properties.

(2.) Pleadings, in brief, germane to decide this interlocutory application, are that the plaintiff is son of T.Raghunatha Naicker, through his first wife T.Lakshmamma, who left the company of T.Raghunatha Naicker and married one Munaswamy Naicker and has been residing with him in Tamilnadu. T.Raghunatha Naicker married 2nd defendant and begot 1st defendant through her. According to plaintiff, plaint schedule properties are joint family properties, and he is entitled to share in the said properties. According to 1st defendant, T.Raghunatha Naicker during his life time executed Ex.B-1 registered gift deed dtd. 29/5/2000 and she accepted the gift and she has been in possession.

(3.) Trial Court by judgment dtd. 30/8/2013 dismissed the suit. Aggrieved by the same, plaintiff filed A.S.No.9 of 2015 on the file of VIII Additional District Judge, Chittoor. The Lower Appellate Court by judgment dtd. 9/1/2018 allowed the appeal and passed preliminary decree. Assailing the said judgment and decree, the above second appeal is filed with a delay of 706 days.