NEMANI RAJAMANI Vs. NEMANI SURYA KANTHAM

JUDGEMENT

(1.) This appeal is preferred by the unsuccessful plaintiffs in OS No.93 of 1988 on the file of II Additional District Judge, East Godavari District, Rajahmandry, dated 30.8.1993, aggrieved by the decree and judgment made therein dismissing the suit for partition.

(2.) The appellants herein, as plaintiffs in the said suit, instituted the suit for partition of the plaint schedule properties into ten equal shares and allotment of four such shares to them taking good and bad qualities into consideration and for other appropriate reliefs.

(3.) The stand taken by the first plaintiff-first appellant is that she is the second wife of late Nemani Simhachalapathi Rao, a registered Medical Practitioner, Rajahmandry, and plaintiffs 2 and 3 are the sons and the 4th plaintiff is the daughter of the said late Simhachalapathi Rao born through his second wife. It is the specific case of the plaintiffs that the 1st defendant, the 1st respondent in the appeal, is the first wife of the said Nemani Simhachalapathi Rao and respondents 2 to 4, defendants 2 to 4, are the sons, respondents 5 and 6, defendants 5 and 6, are the daughters of the said late Simhachalapathi Rao through his wife -1st respondent, 1st defendant. It is also the case of the plaintiff that plaint A to D schedule properties are the self- acquired properties of the said Nemani Simhachalapathi Rao and since he died intestate leaving the said properties, these parties are entitled to their respective shares.