LAKAKULA SUJATHA Vs. THUMMU MANEMMA

JUDGEMENT

(1.) This second appeal is directed against the order dated 6-6-2002 passed by the learned Principal District Judge, Warangal in A.S. SR.No.4423 of 2002.

(2.) The unsuccessful appellant who sought to file the appeal before the court below is the appellant herein. The facts lie in a narrow compass:

(3.) The appellant filed the suit in O.S. No.196 of 1981 for partition of the properties mentioned in the schedule annexed to the plaint against the respondents 1 and 2 herein. Eventually a preliminary decree was passed in the said suit that the plaintiff was entitled to 1/6th share. Thereupon, the appellant filed I.A.No.127 of 1998 seeking a final decree to be passed in terms of the preliminary decree. By an order dt. 6-6-2000, the trial court directed either of the respondents 1 and 2 to pay an amount of Rs.2,99,200/- to the appellant-plaintiff in lieu of her 1/6th share, and on such payment, the properties mentioned in the schedule be given to them as a whole and that the final decree should be prepared after deposit of the non-judicial stamps by any one of the parties to the suit. Time was granted to defendants 1 and 2 in the suit to deposit the amount within one month therefrom, accompanied by a clause that the amount should carry interest @ 12% per annum till realization, in the event of default. Having been aggrieved by the said order, the appellant sought to file the appeal before the court below.