KAVITAPU DEVI KIRANMAYI Vs. KAVITAPU SURYAKANTHAM

JUDGEMENT

(1.) This civil miscellaneous appeal is filed by three minors, represented by their maternal uncle. They are defendant Nos.2 to 4 in O.S.No.165 of 2002 filed by the first respondent herein, in the Court of Senior Civil Judge, Ramachandrapuram. The first respondent is the mother of the father of appellants, by name Vijaya Krishna. He is said to have died in the year 2000 and much before that, his father died. The appellants were under the care and custody of their mother, by name Padmavathi, who is no more now. Respondents 3 and 4 are the daughter of the first respondent. Respondents 5, 6 and 7 are said to be the tenants.

(2.) The first respondent filed the suit for partition of the suit schedule properties and allotment of one-third share to her. She pleaded that after the death of her husband, the properties were being managed by her son Vijaya Krishna, and after his death, her daughter-in-law, by name Padmavathi, was looking after them. She pleaded that despite her demand, Padmavathi did not partition the suit schedule properties and neglected to maintain her. The suit was presented as an indigent person. Subsequently, it was numbered.

(3.) The first respondent also filed LA. No.1335 of 2002 under Section 94 read with Order 40 Rule 1 C.P.C., to appoint a Receiver, for maintenance and enjoyment of the suit schedule properties. The application was resisted by the appellants. Through its order, dated 15-2-2005, the trial Court appointed one Sri Kandukuri Subrahmanya as Receiver, to take possession of the properties, manage them and deposit the income that derives out of it. Various other arrangements were also made.