PITTA SAMADANA SWAROOPARANI Vs. PITTA KUMARI

JUDGEMENT

(1.) Heard Sri Sreenivasa Rao Velivela, learned counsel for the petitioners, who appeared through virtual mode.

(2.) This civil revision petition under Article 227 of the Constitution of India has been filed by the defendants in the suit challenging the Order dtd. 8/11/2024 in I.A.No.1123 of 2024 in O.S.No.72 of 2015 passed by the learned Court of XV Additional District Judge, Krishna District at Nuzvid, which was filed by the respondents/plaintiffs under Order VI Rule 17 and Sec. 151 CPC for amendment of the plaint in the suit for partition.

(3.) The respondents filed the suit for partition with respect to the plaint schedule five items in number, claiming 25 shares after division of the said properties into 49 full shares. The case of the plaintiffs was that the 1st plaintiff-Pitta Kumari was the mother of the plaintiffs No.2 to 4. The 1st plaintiff was married to Pitta Venkata Ratnam on 9/1/1974 as per Hindu religious rites and caste customs which prevailed in their community. While the marriage of the 1st plaintiff was subsisting with Venkata Ratnam, he married 1st defendant- Pitta Samadana Swarooparani. Defendants No.2 to 4 are the children from that marriage. Inter alia, it was claimed that joint family owned and possessed the properties as described in the plaint schedule, some of the properties were ancestral and some were acquired with ancestral nucleus. Plaintiffs No.2 to 4 and defendants No.2 to 4 and Pitta Venkata Ratnam were having 1/7th equal share in the plaint schedule properties. Pitta Venkata Ratnam also died intestate and the plaintiffs No.2 to 4 and defendants No.2 to 4 being class-I heirs were entitled to share equally. The 1st defendant was only proforma party and has no share. The defendants in spite of notice did not cooperate for partition and so the suit was filed.