CHANDANA VEERANJANEYULU Vs. C PANDURANGANAYAKAMMA

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is directed against the order dated 16-12-1997 passed in I.A.No.630 of 1997 in O.S.No.76 of 1997 on the file of Senior Civil Judge, Machilipatnam, whereby the learned Senior Ciyil Judge allowed the application of the plaintiffs filed under Order 40 Rule 1 R/w Sec. 151 CPC partly and directed the defendants to pay Rs. 3,000.00 per annum etc.

(2.) The appellants herein are the plaintiffs in O.S.76/97. They filed the suit for partition and separate possession of their shares in the suit schedule properties. They also moved LA. 630/97 under Order 40 Rule 1 R/w Section 151 CPC to appoint a receiver to take possession of A, and B schedule lands and C schedule tractor. It is the case of the appellants/plaintiffs that 1st and 2nd plaintiffs are the children of 3rd plaintiff who is wife of Satyanarayana and that the plaint A schedule property belonged to late Satyanarayana. It is also the case of the plaintiff that plaint A and B schedule lands and C schedule tractor are joint family properties and therefore they are entitled to claim share. The claim of the plaintiffs is resisted by the defendants by filing counter. The defendants pleaded that most of the items in plaint schedule are their self acquired properties and therefore the plaintiffs are not entitled to claim any share. It is the case of the defendants that item No.2 in the plaint A schedule and item 1 of the plaint B Schedule are not the joint family properties and therefore the plaintiffs are not entitled to claim any share. On behalf of the plaintiffs Ex.A-1 was marked and on behalf of the defendants Exs.B-1 to B-6 were marked. On considering the material brought on record and on hearing counsel for both the parties, the learned Senior Civil Judge held that the plaintiffs failed to make out a prima facie case so far as item 2 of plaint A schedule and items 1, 2, 7 to 9 of plaint B schedule lands. At the same time the learned Senior Civil Judge held that plaintiffs proved prima facie case in respect of item 1 of plaint A schedule and items 3,4,5 and 6 of plaint B schedule and therefore issued certain directions to the defendants such as depositing a sum of Rs.3,000.00. I feel it apposite to refer the directions issued by the learned Senior Civil Judge to the defendants and they are as follows:

(3.) Learned counsel for the appellants/ plaintiffs contends that the trial court having found that the plaintiffs have prima facie case in respect of certain items in plaint A and B schedule lands ought to have appointed a receiver to take possession of the same. He would further contend that the quantum of amount fixed by the trial court is very meager and it is not based on any material.