KURAPATGI VIMALA KUMAR Vs. D.CHANDRASEKHARA RAO

JUDGEMENT

(1.) This appeal by 7th defendant impugns the judgement dtd. 7/8/2003 of learned II Additional District Judge, West Godavari, Eluru in A.S.No.132 of 1999. 1st respondent was the sole plaintiff in O.S.No.287 of 1995. Respondent Nos.2 to 7 were defendant Nos. 1 to 6. The controversy among parties is about partition of an immovable property consisting of 223.8 square yards of site and a tiled house with front daba varandha situated in southern street of Eluru which is fully described in the schedule of the plaint filed in O.S.No.287 of 1995.

(2.) Sri D.Venkata Subba Rao and Smt. Nagaratnamma are wife and husband to each other. During their wedded life, they begot six sons and two daughters. One of his sons is Sri D. Chandrashekhar Rao. He filed O.S.No.287 of 1995 showing his father as 1st defendant and his brothers as defendant Nos. 2 to 6 and purchaser of the property as 7th defendant. He claimed that the plaint schedule property is joint family property. Seeking partition of it the relief he prayed in the suit reads as below: -

(3.) One of the brothers of the plaintiff who is 3rd defendant filed a separate written statement where he agreed with the case of the plaintiff and sought a decree by allowing the suit.