KASIREDDI PARVATHAMMA Vs. VIJAYA

JUDGEMENT

(1.) This second appeal under Sec. 100 of the Code of Civil Procedure is filed aggrieved by the judgment and decree, dtd. 3/11/2022, in A.S.No.86 of 2018, on the file of the II Additional District Judge, Madanapalle, reversing the judgment and decree, dtd. 29/6/2018, in O.S.No.196 of 2010, on the file of the Additional Senior Civil Judge, Madanapalle.

(2.) The plaintiffs initiated action in O.S.No.196 of 2010, on the file of the Additional Senior Civil Judge,Madanapalle, with a prayer to declare the clauses 3 and 4 of the compromise decree as invalid, illegal and not binding by setting the compromise decree accordingly declaring the rights of the plaintiffs over the same; to divide the entire suit schedule property item Nos.1 to 8 and allot 2/5th share to the 2nd plaintiff and 1/10th share to the 1st plaintiff by separate metes and bounds; to declare that the 1st plaintiff alone is entitled for the pension benefits on the death of late Mr. Ramana Kumar Reddy by directing the defendants 7 and 8 to pay the same to the 1st plaintiff Smt. K.Parvathamma; and for costs of the suit.

(3.) The learned Additional Senior Civil Judge, Madanapalle, partly decreed the suit with proportionate costs. Felt aggrieved thereby, the unsuccessful defendant Nos.1 to 4 in the above said suit filed the aforesaid appeal before the First Appellate Court. The learned II Additional District Judge, Madanapalle, partly allowed the appeal by setting aside the judgment and decree passed by the learned trial Judge. Aggrieved thereby, the plaintiffs in O.S.No.196 of 2010 approached this Court by way of second appeal.