LAWS(APH)-2009-7-38

AKKAMMAGARI BHEEMAMMA Vs. AKKAMMAGARI BALAMMA

Decided On July 07, 2009
AKKAMMAGARI BHEEMAMMA Appellant
V/S
AKKAMMAGARI BALAMMA Respondents

JUDGEMENT

(1.) THE petitioner filed O. S. No. 31 of 1977 in the Court of Senior Civil Judge, mahabubnagar, against her mother - the 1st respondent, and 15 others, for the relief of partition and separate possession of the suit schedule properties. Eleven years, thereafter, she filed I. A. No. 606 of 1988 under sub-section (2) of Section 22 of the hindu Succession Act, 1956 (for short the act), with a prayer to enable her to exercise the right of pre-emption, in respect of an item of property sold by the 1st respondent in favour of respondent No. 16. It was alleged that the 1st respondent executed a sale deed, dated 21-1-1985, in favour of respondent No. 16, alienating an item of property, detrimental to the interests of the petitioner. The application was opposed by respondents 1 and 16. Through its order, dated 14-9-1999, the trial Court dismissed the I. A. Hence, this C. R. P.

(2.) HEARD Sri Vijay Kumar Heroor, learned counsel for the petitioner, and Sri S. Niranjan Reddy, learned counsel for the contesting respondents.

(3.) THE record discloses that while admitting the C. R. P. , this Court did not grant any interim order. In all likelihood, the suit may have been disposed of long back. Learned counsel for the parties are not sure, on this aspect. Be that as it may, the questions raised by the petitioner, need to be answered.