B. SREENIVASULU Vs. B. KUSUMA KUMARI AND ORS.

JUDGEMENT

(1.) This Civil Revision Petition is filed by the petitioner challenging the order and decree in I.A. No. 893 of 2015 in O.S. No. 36 of 2010 dated 10.08.2015 on the file of the IV Additional District Judge, Kadapa. The petitioner herein is the first defendant and the respondents No. 1 to 3 herein are plaintiffs in O.S. No. 36 of 2010 on the file of IV Additional District Judge, Kadapa. The suit filed is for partition of plaint A, B, C, D and E schedule properties into 5 equal shares and allot 1/5th share to each of three plaintiffs and similar 1/5th share to the defendants No. 2 and 3 representing their father's share. The plaint A, B, C, D and E schedule properties are described vividly.

(2.) The 1st defendant filed separate written statement and defendants No. 2 to 4 filed separate written statements respectively, where the suit is under contest. The chief affidavit of 1st plaintiff as P.W. 1 was filed on 10.2.2015 after serving notice to the defendants and the same was also taken on oath by order of the Court dated 10.02.2015 and Exhibited 5 documents viz certified copy of registered partition deed dated 31.10.2007, certified copy of two registered sale deeds of 1973 and 1970 respectively, Encumbrance Certificate for the period from 1983 to 2007 and Pahani copies of fasli 1422 for survey Nos. 31/A and 28/B2 of Khajipet Mandal under Meeseva respectively, and P.W. 1 was cross examined on 04.06.2015.

(3.) While so, the plaintiffs filed petition in July 2015 under Order 6 Rule 17 read with Sec. 151 CPC to amend the plaint schedules as follows: