P DIVYA Vs. P JAYENDER RAO

JUDGEMENT

(1.) This C.M.A. demonstrates the extent to which the Courts have become vulnerable to frivolous litigation. It is the instance of this nature that are shaking the faith and confidence of the citizens in the efficacy of the Courts.

(2.) One Mr. Nagender Rao had two sons, by name, Jayender Rao and Suchender Rao and two daughters, by name, Indira and Nagamani. Indira filed O.S.No. 88 of 1991 in the Court of the IV Senior Civil Judge, City Civil Court, Hyderabad for partition of the joint family properties. She impleaded her father, mother, two brothers and a sister as defendants. The parties entered into compromise and a decree in terms of the compromise came to be passed on 29-04-1992. The appellant herein is the daughter of Dr. Suchender Rao, who figured as defendant No. 4 in O.S.No. 88 of 1991, and is second respondent in this C.M.A.

(3.) Under the compromise decree, the house in possession of the second respondent fell to the share of the other brother, by name, Jayender Rao, the first respondent herein. The first respondent filed E.P.No. 113 of 2000 to execute the decree in so far as it relates to the said house. This was resisted by the second respondent on one pretext or the other. When he was not successful in the effort, he got filed a claim in E.A.No. 342 of 2002 through his minor sons, represented by his wife Dr. P. Savitri. The executing Court tried the said E.A. extensively by recording evidence and considering the matter on merits. Ultimately, it dismissed the E.A. on 07-01-2004 by awarding exemplary costs.