RAKAMAPALEM BHUPATHAMMA Vs. AMBAKAM VARATHAMMA

JUDGEMENT

(1.) This civil revision petition demonstrates as to how, one wrong step would give raise to several inconsistencies, complicating the entire proceedings.

(2.) One Rajamma had four daughters, viz., Bhupathamma-decesed, first petitioner herein, Nagamma, Varthamma-respondent herein, and Maratnma. She held an extent of Ac.2.24 cents of land in Survey No.76/3 of Karuru Village, Tada Mandal, Nellore District. She had no male issues. After the death of Rajamma, her two daughters, by name Bhupatharnma and Nagamma, filed O.S. No.129 of 1989 in the Court of Junior Civil Judge, Sullurpet, against their sisters, for the relief of partition of the land in Survey No.76/3. An ex parte decree was passed on 19-9-1989. On the strength of the same, they filed E.P. No.86 of 1990. In the execution proceedings, after several steps, the shares of the plaintiffs in O.S. No.129 of 1989, being 56 cents each, were delivered on 10-6-1991.

(3.) The defendants in the suit filed LA. No.328 of 1991 under Order DC Rule 13 C.P.C. against the deceased-first petitioner herein (Bhupathamma), to set aside the ex parte decree. The LA. was allowed on 22-6-1995. Aggrieved thereby, the first petitioner filed C.R.P. No.3012 of 1992. The C.R.P. was allowed and the LA. was remanded to the trial Court for fresh disposal. However, a further observation was made to the effect that in the absence of a final decree, the execution was untenable, and in that view of the matter, the defendants in the suit were entitled to restitution of the property.