LAWS(APH)-2004-3-130

CHANUMURI SUBHAVENI Vs. SAPPA SRINIVASA RAO

Decided On March 25, 2004
CHANUMURI SUBHAVENI Appellant
V/S
SAPPA SRINIVASA RAO Respondents

JUDGEMENT

(1.) Sappa Srinivas, as minor represented by next friend Randhi Ayyanna, the maternal grandfather, instituted the suit for partition as indigent person i.e., O.P. No.59/92 which was numbered as O.S. No.78/94 on the file of Senior Civil Judge, Tadepallegudem. The said minor was declared as major and next friend was discharged as per order in IA No.593/ 2000 dated 19/7/2000. On the respective pleadings of the parties, issues were settled and PW-1 - next friend, PW-2 -Buddala Ramanna, PW-3 - the plaintiff, were examined and Exs.A-1 to A-9 were marked. Likewise, DW-1 to DW-10 were examined and Exs.B-1 to B-10 were marked. The Court of first instance granted a preliminary decree for partition holding that the alienations are not binding on the shares of the plaintiff and the 3rd defendant on 11-9-2000. Aggrieved by the said judgment and decree the alienees/Defendants 4 to 9 preferred A.S. No. 111/2001 on the file of I Additional District Judge, West Godavari, Eluru and the appellate Court dismissed the said appeal by Judgment and decree dated 16-7-2002. Aggrieved by the same, the present second appeal is filed.

(2.) No doubt, the report of the Commissioner in LA. No. 1144/2002 in LA. No.478/2001 in O.S. No.78/94 on the file of Senior Civil Judge also was brought to the notice of this Court relating to the objection to stop execution of warrant and also a finding relating to removal of stones. This aspect may not be much relevant for the present purpose.

(3.) Elaborate submissions were made by Sri Prabhakar, representing the appellants, Sri Durga Prasad Rao, representing the respondent/plaintiff and Sri Sivaram Prasad, representing the 2nd respondent/ 3rd defendant, Sri Rama Krishna, 4th respondent/2nd defendant in the suit. Submissions of Sri Prabhakar, Counsel representing the appellants :