RAZIUDDIN Vs. K. ZAINULABUDDIN

JUDGEMENT

(1.) THE appellants 1 and 2, who are unsuccessful plaintiffs in the suit being O.S. No. 4 of 1996 filed by them on the file of the learned Senior Civil Judge at Bodhan, Nizamabad District, against defendants 1 to 14/respondents 1 to 14 herein (defendants 9 to 14 are subsequently added as per the orders in I.A. No. 311 of 2000, dated 28.02.2001), for partition of plaint schedule properties (Ac. 1 -12 guntas of land bearing Sy. No. 435 situated at Banswada village and Taluk, Nizamabad District, now converted into house sites) into 45 equal shares and separate possession of 4/45 shares to two plaintiffs, for costs and to set aside the sale deeds of even date 30.08.2000, preferred this appeal against the dismissal judgment and decree dated 07.09.2001 by impugning the same.

(2.) THE appellants are plaintiffs and the respondents are defendants in O.S. No. 4 of 1996. For the sake of convenience, in this appeal, the parties are referred to as they are arrayed in the suit before the trial Court.

(3.) THE suit is contested only by 1st defendant by filing written statement, saying the suit is a collusive outcome between the plaintiffs and defendants 2 to 8, who remained ex parte to harass the 1st defendant and, while denying most of the plant averments, including on pedigree, with the contention that the 1st defendant is the owner and in actual possession of the plaint schedule property; that the plaintiffs and defendants 2 to 8 are not entitled to get any share in the suit property; that the calculation made by plaintiffs 1 and 2 and defendants 2 to 8 with respect to their shares in the suit property is imaginary.