KOMMAGANI ILAIAH Vs. KOMMAGANI BIKSHAPATHI

JUDGEMENT

(1.) This Second Appeal is filed challenging the judgment and decree dt.03-06- 2013 in A.S.No.12 of 2010 of the Senior Civil Judge at Bhongir (for short "the lower appellate Court"), reversing the judgment and decree dt.04-06-2010 of the Principal Junior Judge, Bhongir in O.S.No.283 of 2003 (for short "the trial Court").

(2.) The appellants are defendants in the above suit. The suit was filed by 1st respondent/plaintiff for partition of the plaint schedule properties admeasuring Ac.6-02 gts. (in Sy.Nos. 508/A1, 508/A2, 508/A3, 508/A4, 508/A5,743/A1, 743/A2 and 747/A2 of Chada village, M.Athmakur Mandal of Nalgonda district) into three equal shares and for allotment of one such share to him, for the relief of declaration that he is the owner to the extent of 1/3rd share out of Ac.2-06 gts. in Sy.No.508/A of the same village.

(3.) The plaint schedule properties belong to one late Rajamallu. The plaintiff claims to be the son of Rajamallu through his first wife Pedda Narasamma. Defendant Nos.1 and 2 are admittedly sons of Rajamallu through Chinna Narasamma, his second wife.