PAPANI MURALI Vs. SALLABUNDLA MUNEMMA

JUDGEMENT

(1.) This Civil Revision Petition is filed under Article 227 of the Constitution of India by the revision petitioners/respondents No.3 and 4 to set aside the order dtd. 3/5/2023 passed in I.A.No.169 of 2023 in I.A.No.114 of 2023 (old No.I.A.No.220 of 2016) in O.S.No.170 of 1990 on the file of Principal Senior Civil Judge, Chittoor, and pass such other and further orders as are deemed fit and proper in the circumstances of the case.

(2.) Heard Sri M.Chalapati Rao, learned counsel for the revision petitioners.

(3.) In the suit for partition filed initially by R-22 and R-1 (added by R-22 and later R-22 died), a preliminary decree was passed on 18/8/1997 against D-1 to D-17 that the plaint A schedule items 1, 3 to 8, 16, 17 and 'C' and 'D' schedule properties to be divided into 4 (four) equal shares and allotment and possession of P1 & P2, D-1 and D-10, each one such share. The petitioners 1 & 2 are D-3 & D-4 in the suit, but minors aged 15 years and 13 years as on the date of filing of the suit in 1990. So by the date of passing of the preliminary decree, they must be majors. They were represented by a guardian (father D-1) in the suit. Now the petitioners (D-3 & D-4) says the lands covered by S.Nos.313/3, 318/2, 317/1, 317/5 & 317/6 are the self acquired properties of their paternal grand mother Smt Lakshmamma.