(1.) THE appeal is filed by the 1st defendant of the suit, challenging the judgment and decree in O.S. No. 45 of 2001 on the file of the XI Additional Chief Judge (Fast Track Court), City Civil Court, Hyderabad, dated 20.09.2004 showing the plaintiff as 1st respondent and the 2nd defendant as 2nd respondent to the appeal. The plaintiff -1st respondent maintained cross -objections vide Cross -Objections (SR). No. 3879 of 2005 and the 2nd defendant -2nd respondent also maintained separate cross -objections vide Cross -Objections (SR) No. 13681 of 2005. The plaintiff filed the suit for partition and separate possession of 1/3rd share in the plaint schedule property comprising of 3 items viz., houses bearing municipal No. 1 -6 -1012; item No. 2 house bearing municipal Nos. 1 -6 -1021, 1027 to 1029; and item No. 3 houses bearing Nos. 1 -6 -936, 954 and 956 which are all located at Zamisthanpur, Hyderabad. The appeal lis and cross objections are impugning the preliminary decree and judgment, granting 1/6th share in favour of the Plaintiff, with costs against 2nd defendant and with no profits. The parties hereinafter are being referred as they are arrayed before the trial Court for sake of convenience.
(2.) FEW of the relevant facts not in dispute are that, the plaintiff -A. Anuradha, W/o. Nageshwar and the 2nd defendant -B. Raghunandan are the issues of the 1st defendant -Chandrakala and her late husband Rama Rao. Father of Rama Rao was late Ramalingaiah, s/o. late Ramaiah. The father of the plaintiff and 2nd defendant by name Rama Rao died in September, 1997, but for the controversy as to he died intestate or testate. The marriage of the plaintiff was performed on 23.04.1978.
(3.) (a). The defendants 1 and 2 in their separate written statements contested that the suit is not maintainable even otherwise by virtue of the bar under Section 23 of the Hindu Succession Act (hereinafter being called HS Act). It is the further contest of the defendants that the item No. 3 of the plaint schedule property is not the ancestral or coparcenary property but for self -acquired property of late Rama Rao, vide sale deed dated 29.11.1966 and they also denied giving of the item -1 of the plaint schedule property to plaintiff towards Pasupukumkuma, in saying her possession of said Item -1 is as tenant.
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