ACHUTUNI SITHARAVAMMA Vs. TURAGA ANANDA RAO

JUDGEMENT

(1.) This revision-petition is directed against the Order, dtd. 18/2/2010 passed in I.A.No.639 of 2009 filed under Order XLVII Rule 1 of the Code of Civil Procedure, 1908 (for brevity "CPC"), in I.A.No.388 of 2007 in O.S.No.86 of 1986 on the file of Additional Senior Civil Judge"s Court, Tenali. The Trial Court "Allowed" the said application filed to review the Order, dtd. 17/8/2009 passed in I.A.No.93 of 2009 in I.A.No.388 of 2007 in O.S.No.86 of 1986.

(2.) For the sake of convenience, the parties are referred to as they were arrayed in the Trial Court proceedings.

(3.) The facts of the case, in brief, are as follows: The plaintiff, defendant Nos.2, 3, 4, 5 and 6 are the sons, defendant Nos.7 to 9 are the daughters of late Turaga Ramamurthy. Defendant No.1 is the second wife of Turaga Ramamurthy and mother of plaintiff, defendant Nos.3 to 9 and stepmother to defendant No.2. The plaintiff contends that he is entitled to 11/70th share in the joint family properties, but the defendant Nos.1 and 3 to 9 are not cooperating for partition. It was alleged that the defendant No.5 is managing the entire joint family properties without accounting for it and the defendant Nos.5 and 6 in collusion with others, purchased "C" schedule property on 3/6/1987 for Rs.5,000.00 with joint family funds. Thus, the plaintiff is also entitled for 11/70th share in "C" schedule property.