PRATIBHA Vs. VEDVATHI

JUDGEMENT

(1.) This Civil Revision Petition is directed against an order dated 8.8.2006 passed in I.A.No.1863 of 2006 in O.S.No.182 of 2006 on the file of Chief Judge, City Civil Court, Hyderabad, whereby and where under the learned Chief Judge directed the plaintiffs to pay Court fee under section 34(1) of the Andhra Pradesh Court Fee and Suits Valuation Act, 1956 (for short Act).

(2.) The petitioners are the plaintiffs and whereas R1 and R2 are D1 and D2 respectively in O.S.No.182 of 2006. The plaintiffs filed the suit seeking the following reliefs:

(3.) It is averred in the plaint that plaintiffs and D2 are daughters of late Shyam Sunder Tippanna Naneker and D1. Sri. Shyam Sunder Tippanna Naneker during his life time established three businesses (a) M/s Suresh Textiles, (b) M/s.H.A. Advertisers (Hindustan Advertise) both at Tilak Road, Hyderabad and (c) M/s Mens Bazar, at New Marketing Complex, Tilak Road, Hyderabad and earned name and fame in the business circles. He purchased the house bearing H.No.1-2-234/13, admeasuring and comprising an area of 400 square yards situated at Gagan Mahal, Domalguda, Hyderabad, with his own earnings and funds, nominally in the name of his wife Smt.Vedavathi (D1) under a registered Sale Deed dated 30.4.1987. At the time of purchasing the said property, it was only consisting of ground floor and after purchasing the same, first floor was constructed by Sri.Shyam Sunder Tippanna Nanekar. Item No.1 of the plaint schedule is the said building. Sri.Shyam Sunder Tippanna Nanekar during his lifetime invested amounts in various banks, deposited money with different persons and also obtained insurance policies etc. The particulars of the amounts invested and policies taken by him have been detailed in item No.2 of the plaint schedule. During his life time, he desired to partition moveable and immoveable properties among the plaintiffs and defendants to avoid any misunderstandings in future. In that direction he gave second floor portion of item No.1 to the plaintiff No.1 tentatively towards her share. The plaintiff No.1 in order to respect the feelings of her father occupied the said portion and started residing in the same along with her family during the lifetime of her father and rendered selfless service to her father. Sri. Shyam Sunder Tippanna Naneker died on 27.6.2005 leaving behind him the plaintiffs and defendant Nos.1 and 2. D1 encashed the FDR's left by Sri. Shyam Sunder Tippanna Naneker to the tune of Rs.12,38,319/- much before the maturity date. D2 also took away the said amounts along with cash, gold and silver items. The plaintiffs through friends of their father tried to persuade D1 to settle the properties. But their efforts did not yield any fruitful results. Therefore, they resorted to file the suit for partition with the prayers indicted supra.