LAWS(APH)-2023-9-88

MUNDRU RAMARAO Vs. MUNDRU KRESHA

Decided On September 14, 2023
Mundru Ramarao Appellant
V/S
Mundru Kresha Respondents

JUDGEMENT

(1.) This appeal is filed questioning the order dtd. 24/3/2022 in I.A.No.519 of 2021 in O.S.No.112 of 2021.

(2.) The suit O.S.No.112 of 2021 is filed by a minor and his mother for partition of the suit schedule properties which are quite extensive and valuable. There are 13 items of properties and the first plaintiff is claiming a 4/13th share and the 2nd plaintiff is claiming a 1/13th share apart from other reliefs. The second plaintiff is the daughter-in-law of the defendant Nos.1 and 5. Defendant Nos.2 to 4 are the daughter of defendant Nos.1 and 2 and the siblings of the second plaintiffs husband. Second plaintiff's husband died intestate on 18/5/2020. Due to subsequent developments the second plaintiff claims that she is compelled to file this suit for partition as the defendants refused to allow her into the residence. She also filed an interim application under Order 39 Rule 1 CPC to restrain the alienation. A counter is filed, leading to the impugned order being passed after hearing.

(3.) This Court has heard Sri M.Chalapathi Rao, learned counsel for the defendants/appellants, who questions the order and Sri P.S.P.Suresh Kumar for the respondents.