TUMMALA PRABHAKAR REDDY Vs. TUMMALA PENCHALA REDDY

JUDGEMENT

(1.) This Civil Revision Petition is filed questioning the docket order dtd. 10/11/2022 in O.S.No.65 of 2012 passed by the Senior Civil Judge, Kovur, SPSR Nellore District.

(2.) Petitioner is defendant No.1. The suit O.S.No.65 of 2012 was filed by respondent Nos.1 to 3 seeking for partition of suit schedule properties into three shares and consequentially allot shares to the Respondent Nos.1 to 3/plaintiffs. The plaintiffs and defendant No.1 are children of one Tummala Penchal Reddy. The said Penchal Reddy and his wife died leaving intestate the plaint schedule property. As the plaintiffs are having a share in the schedule property, they got issued a notice dtd. 16/11/2011 seeking for partition and as there was no positive reply, the suit was filed.

(3.) In the written statement, the Petitioner had contended that the schedule property belonged to their mother, i.e. Tummala Penchalamma. It was pleaded that at the time of marriage of defendant No.1 with T.Ratnamma, the said Penchalamma borrowed an amount of Rs.10,000.00 from the parents of Ratnamma. After marriage, the wife of the Petitioner demanded repayment of the said money and since Penchalamma was unable to repay the debt, she had executed an unregistered and unstamped settlement deed dtd. 12/12/1996 and delivered possession of the property in her favour.