CHATTI JAGAN MOHAN Vs. CHATTI ANASURYA

JUDGEMENT

(1.) The appellants who are the defendants in the suit i.e. T. S. No. 55 of 1967, filing this appeal under sec. 97 of the Code of Civil Procedure (for short, called as 'the Code') have questioned the order dtd. 16/2/2002 passed in the final decree proceeding in the matter of allotment of the properties described in Item nos.4 and 11 to the respondent no. 2 (plaintiff) and his sisters and Item no.13 to the appellant no.1 (defendant no.7) and his father, since dead who was defendant no. 6.

(2.) For the sake of convenience, in order to bring in clarity and avoid confusion, the parties hereinafter have been referred to as they have been arraigned in the original suit.

(3.) The plaintiff in the year 1967 had filed the suit for partition of the property described in different schedules of the plaint. The suit has been preliminary decreed on 1/4/1976, by way of allotment of share over the property liable for partition in favour of the parties with the stipulation that the alienations made by the parties in the meantime shall be adjusted to the shares of the respective parties who have so alienated. A first appeal having been filed questioning the said preliminary decree, this Court in F.A. No. 158/76 has ordered for its modification to the extent that the validity of willnama (Ext. N) executed by Ammayamma in favour of Balakrishnamma, defendant no. 6 that the same, instead of remaining confined to the extent of Venkata Swamy's interest, would be valid in toto and the purported family arrangement, Ext. A has been held to be void.