(1.) Heard Sri Sunil H. Ganu, Senior Advocate, assisted by and for M. Chalapathi Rao, learned counsel for the appellant/petitioner and Sri V. R. N. Prashanth, learned counsel for the respondents.
(2.) This Appeal under Sec. 96 of the Code of Civil Procedure (in short 'CPC') has been filed by the appellant/plaintiff in O. S. No. 94 of 2010 in the Court of X Additional District and Sessions Judge, Visakhapatnam District at Anakapalle, challenging the dismissal of the said suit, vide judgment and decree dtd. 22/11/2017.
(3.) O. S. No. 94 of 2010 was filed by Ayalasomayajula Bhavani Sankara Shastry for partition of immovable properties in the plaint schedule, Item Nos. I to IV into 5 equal shares; for partition of Item Nos. V and VI into 5 equal shares; and for partition of Item No. VII into 70 equal shares and to allot 11 such shares to the plaintiff; and also to partition of Item No. VIII into 10 equal shares, and to allot one such share to the plaintiff and to put him/deliver the same to him by converting the joint possession into separate possession, as also for future profits and costs of the suit.