G.VENKATA APPALA RAJU Vs. G.NARIMANI

JUDGEMENT

(1.) Heard Sri M. Sree Rama Rao, learned counsel for the petitioner and Sri S.V.S.R. Subramanyam, learned counsel representing Mrs. A. Varalakshmi, learned counsel for the respondents 2 and 5.

(2.) The petitioner is the plaintiff in O.S.No.151 of 2018 on the file of Court of X Additional District Judge, Anakapalle. The respondent No.1 to 6 herein are the defendants in the said suit.

(3.) The suit was filed for partition of the plaint schedule property. The plaintiff claimed 1/5thshare in the plaint schedule property. The case of the defendants inter alia was that the plaintiff had relinquished his claim by relinquishment deed dtd. 16/7/2015 in B" Schedule property of that relinquishment deed. The plaintiff's case was that even after such relinquishment, when in the partition amongst the co-owners (excluding the plaintiff) the plaint schedule property in O.S.No.151 of 2018 fell to the share of the father of the plaintiff late Rama Rao, on his death of (Rama Rao) the plaintiff will have 1/5thshare in the plaint schedule property. The defendants" further case was that the plaintiff did not have 1/5thshare but 1/25thshare in the plaint schedule property.