ALLA GOVARDHAN RAO Vs. ALLA NAGA SIROMANNI

JUDGEMENT

(1.) A Hindu male attempted to have joint family properties partitioned but failed in convincing two Courts below came up with this second appeal under Sec. 100 C.P.C. assailing the judgments of the Courts below.

(2.) The present appellant filed O.S.No.197 of 2003 as against his mother, two brothers and his paternal grandmother who are family members and others who do not belong to their family. There are three items of immovable properties shown in the plaint schedule. Plaintiff sought for partition of those properties. After due trial, by a judgment dtd. 28/7/2010 learned trial Court dismissed the suit. Aggrieved of it, the plaintiff filed A.S.No.26 of 2010. Learned Senior Civil Judge, Mangalagiri by a judgment dtd. 6/8/2012 dismissed the appeal and thereby confirmed the judgment of the trial Court. It is against that judgment, the present second appeal is preferred.

(3.) On 22/4/2016 a learned Judge of this Court admitted the second appeal on two substantial questions of law. Subsequently, the appellant preferred I.A.No.1 of 2014 for reformulation of substantial questions of law. After due hearing, the said application was allowed and the following substantial questions of law were formulated in this second appeal: