VUPPALA RAMULU Vs. V BHUDEVI

JUDGEMENT

(1.) HEARD the Counsel for the petitioners and the Counsel for the respondents is not present.

(2.) AGGRIEVED by the order dated 24. 11. 2006 passed by the Court of Senior civil Judge, Sangareddy in LA. No. 474/2006 in O. S. No. 195 of 2005 in transposing the defendants 10 to 14 and 16 as plaintiff nos. 3 to 8, the original plaintiffs 1 and 2 in the suit, filed the present revision.

(3.) FROM the material on record, it could be seen that the plaintiffs 1 and 2 are the family members of the 1st defendant and they filed the suit for partition and separate possession. The case of the plaintiffs is that the entire suit schedule properties are the joint family properties. The grievance of the plaintiff, inter alia, is that the defendants refused to have partition by metes and bounds and were admitting to create third party interest by transferring the suit land in favour of the 17th defendant, depriving the share of the plaintiffs. The defendants 10 to 14 and 16 filed their written statement and claimed share in the suit schedule properties, as they were acquired out of joint family funds. However, subsequently, the plaintiffs filed I. A. No. 446/2006 abandoning the claim against the 17th defendant in the suit on the ground that the lands forming part of A schedule are not acquired out of the joint family properties and in view of conveyance of title and possession in pursuance of regular sale deed executed prior to filing of the suit. The defendants 10 to 14 and 16 filed counter and opposed the application and other defendants reported no counter and did not oppose the application and the same was allowed on 3. 4. 2006.