SHAIK MAHABOOB BI Vs. SHAIK MOHAMMED HUSSAIN

JUDGEMENT

(1.) This second appeal under Sec. 100 of CPC is filed by the appellant impugning the judgment dtd. 24/9/2003 in A.S.No.165 of 1997 on the file of learned III Additional District and Sessions Judge (Fast Track Court), Ongole.

(2.) A vacant site in an extent of 2030 square yards in Markapur Town of Prakasam District has been in dispute among the parties. OS.No.21 of 1989 is a suit for partition of the above-referred property. After due trial, learned Subordinate Judge, Markapur by a judgement dtd. 4/8/1997 dismissed the suit. Aggrieved plaintiff preferred A.S.No.165 of 1997. After due hearing, the learned III Additional District Judge (Fast Court), Ongole by a judgement dtd. 24/9/2003 allowed the appeal and set aside the judgement of the trial court and directed division of properties and passed a preliminary decree for partition. A further direction was given for moving appropriate proceedings for final decree and ascertainment of mesne profits. Aggrieved D15 in the suit preferred the present S.A.No.1025 of 2003 praying to set aside the judgement of the first appellate court and restore the judgement passed by the trial court.

(3.) Parties on both sides are Muslims and are governed by Sunni Hanafi Law for Mohammedans.