SINGIREDDY YADI REDDY Vs. SINGIREDDI MALLA REDDY

JUDGEMENT

(1.) This civil revision petition is filed against the order dated 2.5.2000 in E.P. No.52 of 1999 in O.S. No.l 16 of 1981 passed by the learned II Additional Junior Civil Judge, City Civil Court, Hyderabad.

(2.) The petitioner, the first respondent, and the third respondent, who is since dead, are brothers. The first respondent filed the suit for partition of the joint family properties shown in the suit schedule. A preliminary decree was passed on 20.3.1986 declaring that the three brothers are entitled to the share of one-third each in the suit schedule properties. I.A. No.1226 of 1991 was filed for final decree proceedings. An Advocate-Commissioner was appointed and he, in rum, divided the properties into three parts viz., A, B and C. The Trial Court, ultimately, allotted Plot A to the third respondent, Plot B to the petitioner and Plot C to the first respondent.

(3.) The petitioner filed I.A. No.697 of 1998 for appointment of a second Commissioner for locating Plot B and to put him in possession. The I.A. was allowed through order dated 6.5.1998. The third respondent challenged the same by filing C.R.P. No.2300 of 1998 mainly on the ground that the decree could not be given effect to, unless necessary stamp duty was paid. The C.R.P. was allowed on 3.8.1998.