PALAKAYALA BHULAKSHMI Vs. YARRAGOPULA MURAHARI RAO

JUDGEMENT

(1.) The plaintiff in O.S.No.1938 of 2006 on the file of the II Additional Junior Civil Judge, Guntur is the appellant. The suit was initially filed against 4 defendants i.e. respondents 1 to 5 herein, for partition and separate possession of the suit schedule property being a house constructed in an area of 106 sq yds in Ward No.21, Block No.7, T.S.No.482 of the Guntur Municipal Corporation. Later on, defendant Nos.5 to 8 i.e., respondent Nos.1 and 6 to 8 were added as parties.

(2.) It was pleaded that the suit schedule property was owned by the mother of the appellant and the respondents herein, by name Y.Anasuyamma, and she executed a Will, dated 15.09.2000 in favour of the appellant and her three sisters i.e., respondent Nos.2 to 4 herein. The suit was mainly contested by the 1st respondent i.e., 5th defendant therein. He admitted that the property was owned by their mother Y.Anasuyamma. However, he pleaded that the property was bequeathed to him under Will, dated 29.01.2000.

(3.) Through its judgment dated 29.11.2011, the trial Court passed a preliminary decree directing that the suit schedule property be divided into 9 equal shares, and one share each be allotted to the plaintiffs and to defendant Nos.1 to 8.