LAWS(APH)-1996-11-129

BHASKARARAO K Vs. A SIVANAGENDRAMMA

Decided On November 11, 1996
KOMMURU BHASKARARAO Appellant
V/S
AREMANDA SIVANAGENDRAMMA Respondents

JUDGEMENT

(1.) Tenali, passed in IA.No.303 of 1992 in O.S.No. 176 of 1989 on 11-8-93.

(2.) The plaintiff-respondent made an application under Order34 Rules 4 and 5 of C.P.C. to pass a final decree for sale of the schedule mortgaged property in terms of the preliminary decree passed in the suit on 30-9-91 in his favour and against the defendant No.1 for a sum of Rs. 87,923-50 ps. with interest on the principal sum of Rs. 40,000/- as stipulated in the preliminary decree. The Court granted six months time for redemption, but according to the plaintiff no amount was paid, and therefore, it became necessary for him to make the aforesaid application.

(3.) The respondent Nos.4 and 5 petitioners herein filed separate counters and contested the petition for final decree. Respondent No. 4 claimed that he had succeeded to the schedule property which belonged to the joint family of himself and his father, and alleged that respondent No.l colluded with the plaintiff to defeat his rights in the property, and therefore, the preliminary decree was null and void. He filed OS.No. 515 of 1992 on the file of the Principal Munsif, Tenali, against respondent No. 1, the petitioner/plaintiff and others for partition of the joint family property along with the schedule property and the said suit was pending, and therefore, according to him, the preliminary decree was not binding on him and was liable to be dismissed. The respondent No. 5 also advanced the same claim.