CHALUMURI VEERANNA Vs. CHALUMURI SATYANARAYANA

JUDGEMENT

(1.) The unsuccessful defendant-appellants have preferred this second appeal as against the judgment and decree made in A.S. No.10 of 1988 on the file of the Subordinate Judge, Tanuku confirming the judgment and decree made in O.S. No.299 of 1980 on the file of the Principal District Munsif, Tanuku.

(2.) The first respondent is the plaintiff in the suit. The other respondents were added as party respondents by an order of this Court on 17-1-1997 in C.M.P.No. 19701 of 1996. These parties filed the said application under Order 1 Rule 10 read with Section 151 C.P.C. praying for the relief that they should be added as party respondents as they are entitled to 1/11th share in the joint family properties and in the absence of they being added as parties, they would be deprived of their legitimate shares and the parties to the litigation appear to have obtained a collusive decree.

(3.) Originally, the suit was instituted by the plaintiff for the relief of permanent injunction. But subsequent thereto, the plaintiff filed LA. No.257 of 1985 on 30-1-1985- praying for amendment of the plaint for alternative relief of partition and separate possession of the plaint schedule property into five equal shares and for allotment of one such share to the plaintiff. The said application was dismissed on 18-3-1985 and the plaintiff preferred a revision petition being C.R.P. No.999 of 1985 on the file of this Court. The revision petition was allowed on 3-4-1985. In view of the same, the second defendant to fifth defendant were added as parties. On the respective pleadings of the parties, originally the two following issues were settled: