BODDALA GURAMMA Vs. BODDALA RAMAMURTHY

JUDGEMENT

(1.) The appellants are the plaintiffs and the respondents are the defendants in the suit.

(2.) Aggrieved by the judgment and decree, dated 25.04.2011, in A.S.No.120 of 2006, passed by the Court of Special Judge for Trial of Cases under SCs & STs (PoA) Act-cum- Additional District Judge, Vizianagaram, confirming the judgment and decree dated 18.10.2006 passed by the Court of Senior Civil Judge, Vizianagaram in O.S.No.16 of 2001, dismissing the suit for partition of plaint 'A' and 'B' schedule properties into 2 equal shares and for allotment of one such share to the plaintiffs.

(3.) The brief facts of the case, as emerged from the records, are that the 1st plaintiff is the wife and the 2nd plaintiff is the daughter of late Narayanappadu. Late Narayanappadu and the defendant are the sons of Pydithalli. Pydithalli is the absolute owner of the plaint schedule property and he died about 45 years back while he was in joint status with the husband of the 1st plaintiff and the defendant. Later, the husband of the 1st plaintiff and Rama Murthy continued in the same status and enjoyed the plaint schedule properties jointly. Narayanappadu died in the year 1981 leaving the plaintiffs behind him, as heirs. After the death of Narayanappadu the plaintiffs and defendant are enjoying the suit schedule properties, having separate mess, for the sake of convenience. As the defendant is acting detrimental to the interest of plaintiffs, the plaintiffs raised a dispute before the elders for partition. The defendant agreed for the same but postponed for one or other reason. In the recent past, the defendant is trying to alienate the suit schedule property detrimental to the plaintiffs' interest. Hence, the plaintiffs filed the suit.