VALLURI SRINIVAS Vs. VALLURI VIJAYA

JUDGEMENT

(1.) The unsuccessful plaintiffs in O.S. No. 152 of 1984 on the file of the Subordinate Judge, Anakapalle, Visakhapatnam District, assailed the judgment of the trial court dated 30-8-1990 through the present appeal. While all the six plaintiffs filed the present appeal, the appeal is against the defendants 2, 5 and 12 only whereas there are as many as 23 defendants. The defendants 1, 9 and 14 died during the pendency of the suit. The defendants 3, 15 and 17 to 21 remained ex parte in the suit. The rest of the defendants contested the suit. While Sri M.V. Rajaram, learned counsel for the appellants-plaintiffs, advanced submissions on merits, Sri O. Manohar Reddy, learned counsel for the respondents/defendants 2, 5 and 12, submitted that mortgagee defendants have not been made parties to the present appeal and that the appeal therefore is not maintainable.

(2.) The suit is laid for partition of the plaint schedule properties into six equal shares and for allotment of four such shares to the plaintiffs 1 to 4. The plaintiffs also sought for provision of maintenance to the plaintiffs 5 and 6 at the rate of Rs. 100/- per month and also for a charge over the family properties towards the marriage expenses of the plaintiffs 5 and 6.

(3.) Valluri Venkateswarlu, who is the 1st defendant, is claimed to be the common ancestor. The plaintiffs claimed that the 1st defendant did not marry but had taken Sakuntala, Sanjeevarao and Varalaxmi as concubines. It would however appear to be that Sakuntala was his wife whereas Sanjeevarao and Varalaxmi alone were his concubines. Defendants 2 and 3 are the son and daughter of the 1st defendant through Sakuntala. The plaintiffs 1, 2 and 5 as well as one Laxmi are the children of the 1st defendant through Sanjeevarao. Varalaxmi gave birth to the plaintiffs 3, 4 and 6 through the 1st defendant.