R.SATYANARAYANA Vs. R. LAKSHMI NARASAMMA

JUDGEMENT

(1.) The present appeal has been filed assailing the judgment and decree dtd. 24/6/2004 in O.S.No.279 of 2001 on the file of the XIII Additional Chief Judge, City Civil Court, Hyderabad, wherein and whereby, the suit filed by the appellant herein for partition of suit property was dismissed. Aggrieved by the same, the present appeal has been filed.

(2.) The appellant herein is plaintiff and the respondents herein are defendants in the suit. Aggrieved by the dismissal of the suit, the present appeal is filed at the instance of plaintiff. For the sake of convenience, the parties hereinafter are referred to as they are arrayed in the suit.

(3.) The case of the plaintiff is that premises bearing municipal Nos.10/4/771/1/A/1, 10/4/771/1/A/5, 10-4- 771/A/6 and 10/4/771/1/A/7 admeasuring 1130.80 sq. yards situated at Sriramnagar Colony, Masab Tank, Hyderabad, (hereinafter referred as 'suit property') was purchased by Late Sri Rama Rao, who is the father of the plaintiff and defendant Nos. 2 to 8 and husband of defendant No.1. Late Rama Rao had two wives and defendant No.1 is his second wife. The suit property was purchased in the name of defendant No.1 and 3 in order to avoid future claims from the children of his first wife. Originally, the said Rama Rao, started his practice as an advocate at Amalapuram; he then shifted to Eluru; subsequently to Guntur and lastly he shifted to Hyderabad. He worked as public prosecutor in the High Court of Andhra Pradesh and has good reputation. He was having ancestral property at Amalapuram and he also acquired house properties in Eluru and Guntur, out of ancestral funds. Rama Rao had six (6) sons and two (2) daughters from his first wife and he had eight (8) sons and two (2) daughters from his second wife.