H. VENKATARAMAPPA Vs. H. NEELAVATHI LALITHA

JUDGEMENT

(1.) These two Second Appeals arose out of the same judgment and they are argued together and they are to be disposed of by this common judgment.

(2.) O.S.No.85 of 2006 is a suit filed for partition and separate possession of various items of the plaint schedule property. Suit was contested. After due trial learned Senior Civil Judge, Adoni by a judgment dtd. 6/9/2011 decreed the suit with costs and granted 1/4thshare to the plaintiff directing the parties to move a separate application for determination of mesne profits.

(3.) Aggrieved by the said judgment of the trial Court, defendant No.1,2 and 4 preferred A.S.No.50 of 2011. In that appeal, the plaintiff was arrayed as respondent No.1. Defendant No.3 in the suit was arrayed as respondent No.2. After due hearing, learned II Additional District Judge, Kurnool at Adoni by a judgment dtd. 26/12/2012 allowed the appeal in part in the following terms: It held that plaintiff in the suit is entitled for 1/4thshare in all the items of plaint schedule properties except Sl.No.1 of item No.2 of the plaint schedule. That particular item of property which was excluded from partition was held to be the self-acquired property of one Mr.Ramanna and that was not available for partition. In those terms, it modified the judgment and decree of the learned trial Court.