BAYYA GURAVAMMA Vs. ODURU HARIPRIYA

JUDGEMENT

(1.) SHORT episode : Nallareddy Haripriya and Nallareddy Rajesh, the then minors represented by their mother and next friend Nallareddy Madalasa instituted a suit O. S. No. 51 of 1991 on the file of the Additional Subordinate Judge, Gudur, for partition and separate possession of the plaint schedule properties by dividing the same into three equal shares and to allot two such shares to the plaintiffs and deliver possession of the same to the plaintiffs and to grant such other appropriate reliefs.

(2.) THE first defendant in the said suit is Nallareddy Balakrishna Reddy, the father of the then minor children, who instituted the suit. The second and third defendants Bayya Guravamma and Bayya Rama Rao are the purchasers. The said minors had attained majority and at present they are majors and declared as such and at present contesting the present appeal.

(3.) THE first defendant in the suit is shown as third respondent in the present appeal and the third respondent died. It is needless to say that in view of the fact that the plaintiffs, who were minors on the date of institution of the suit having attained majority, had been declared as majors by order dated 27. 9. 2006 and the mother had been discharged as the next friend of the plaintiffs- R-1 and R-2. In view of the fact that the said Bala Krishna Reddy died during the pendency of the appeal, apart from respondents 1 and 2-plaintiffs, R-4 the wife also was brought on record as one of the legal representatives of R-3. Thus, the next friend who had represented the minors while instituting the suit had been brought on record as one of the legal representatives of the deceased husband in A. S. M. P. No. 1528 of 2008 apart from the children, respondents 1 and 2 who had been declared as majors already. Defendants 2 and 3 alone had preferred the present appeal.