K ASHOK REDDY Vs. K RAMCHANDRA REDDY

JUDGEMENT

(1.) THE plaintiff in O. S. No. 162 of 1984 on the file of the learned principal Subordinate Judge, Warangal, filed this second appeal. Respondents 1 and 2 are his brothers.

(2.) THE appellant filed the suit initially, against his father and two brothers, for partition of the suit schedule properties. During the pendency of the suit, his father died and since his estate is represented by the appellant and respondents 1 and 2 herein, no other individuals were added as parties.

(3.) THE appellant pleaded that the joint family, comprising of himself and his brothers, is possessed of 'a', 'b' and 'c' schedule properties and in spite of his repeated requests, the respondents did not effect partition. The 1st respondent herein remained ex parte in the suit. The suit was contested by the 2nd respondent alone. He pleaded that there was a partition of the joint family properties in the year 1973 and that a list of partition was prepared on 30. 4. 1973. He further pleaded that subsequent to the partition, certain adjustments of shares has also taken place among the coparceners and thereafter, the parties are enjoying their respective shares of properties.