AGINA CHANDRAMOULI Vs. RAJOORI RAMALINGAM

JUDGEMENT

(1.) This Civil Revision Petition is directed against the order dated 16-6-2009 passed in I.A.No. 53 of 2009 in O.S.No. 10 of 2005 on the file of the Junior Civil Judge at Sircilla, Karimnagar District, whereby and whereunder the learned Junior Civil Judge dismissed the application filed by the defendant under Order 7, Rule 11(a) and (d) r/w Section 151 C.P.C

(2.) (a) The petitioner is the defendant and the respondent is the plaintiff in O.S.No. 10 of 2005. The plaintiff filed the suit for partition and separate possession of his half share in the suit schedule property. The plaint averments in brief are: The plaintiff and the defendant are the joint owners and possessors of the suit schedule property admeasuring 129 sq.yards bearing Municipal Door No. 4-1-30 (old No. 10-3-95/1), situated at Indiranagar Sub-Road, Sircilla. Plaintiff's sister Varamma is the mother of the defendant. Thus, the plaintiff is the maternal uncle of the defendant. They jointly purchased the suit schedule property from Pampati Srinivas s/o. Nagabhushanam for a consideration of Rs. 32,800/- by contributing the sale consideration in equal ratio. However, sale-deed was obtained in the name of the defendant as the plaintiff was taking treatment for his chronic ailment by visiting various hospitals at different places. The original registered sale deed has been in the custody of the plaintiff. According to the plaintiff, the stamp duty and registration fee have been incurred by them in equal ratio. They have been paying the taxes to the municipality in respect of the suit schedule property in equal ratio. However, receipts are issued in the name of the defendant. An agreement came to be executed between the parties on 18-6-2003 confirming that the suit schedule property was purchased jointly and the sale consideration was paid to the vendor in equal proportions. Disputes arose between the parties and thereupon, the plaintiff issued a notice dated 2-2-2005 calling upon him for division of the suit schedule property by metes and bounds in two equal halves and allotment of one such half to his share. There being no co-operation of the defendant for division of the property by metes and bounds, the plaintiff filed the suit for partition and separate possession of his half share in the suit schedule property.

(3.) The C.R.P. came to be admitted on 17-7-2009. An interim stay of all further proceedings in O.S.No. 10 of 2005 on the file of the Junior Civil Judge, Sircilla, Karimnagar District, has been granted on the even date vide C.R.P.M.P. No. 4030 of 2009. The respondent/plaintiff entered appearance through a counsel and filed counter-affidavit in the stay application.